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# TECHNICAL SUPPORT DOCUMENT

October 9, 2012

Revisions to 20.2.74 NMAC submitted May 23, 2011

Revisions to 20.2.79 NMAC submitted June 11, 2009 and May 23, 2011

No material in this submittal package was de signated as Confidential Business Information.

FOR FURTHER INFORMATION CONTACT:

Adina Wiley United States Environmental Prot ection Agency Region 6, Air Permits Section

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115.

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# Subject: Review of Revisions to the New Mexico State Implementation Plan for

Prevention of Significant Deterior ation and Nonattainment New Source

Review Permitting

Contents:

I. Executive Summary

II. Background of State Submittals

III. Technical Review of State Submittals

IV. Conclusions

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# I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews portions of two proposed revisions to the New

Mexico State Implementation Plan (SIP) concer ning the Prevention of Significant Deterioration

(PSD) and Nonattainment New Source Review (NNSR) Permitting programs for New Mexico.

The PSD permitting program applies statewide for areas that are attainment or unclassifiable for

pollutants regulated by the Clean Air Act (CAA) . The NNSR permitting program will be used in

areas designated as nonattainment under the C AA. Dona Ana County is the only nonattainment

area in New Mexico; currently designat ed as moderate nonattainment for PM 10



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# This review will determine if the program revisions submitted on June 11, 2009, and May 23,

2011 (as discussed below), are consistent with th e requirements of the Clean Air Act and EPA’s

policy and guidance.

June 11, 2009

In a letter dated June 11, 2009, Governor Richards on submitted revisions to the New Mexico SIP

that were adopted by the New Mexico Environm ental Improvement Board (NM EIB) on July 31,

2009, and became effective on August 31, 2009. This SIP submittal included revisions to the

following Parts of the New Mexico Air Code (NMAC):

1. Revisions to the General Definitions at 20.2.2 NMAC,

2. Revisions to the New Mexico PSD Permitting Program at 20.2.74 NMAC, and

3. Revisions to the New Mexico NNS R Permitting Program at 20.2.79 NMAC.

Note that EPA SIP-approved the June 11, 2009 revisions to the PSD program at 20.2.74 NMAC

on November 26, 2010 (75 FR 72688), effective December 27, 2010. The rulemaking docket for

this action is EPA-R06-OAR-2009-0656. EPA has ta ken no action to date on the June 11, 2009

submitted revisions to 20.2.2 NMAC or 20.2.79 NMAC.

May 23, 2011

In a letter dated May 23, 2011, Gove rnor Martinez submitted revisions to the New Mexico SIP

that were adopted by the NM EIB on May 3, 2011, and became effective on June 3, 2011. This

SIP submittal included revisions to the follo wing Parts of the New Mexico Air Code:

1. Revisions to the New Mexico PSD Permitting Program at 20.2.74 NMAC, and

2. Revisions to the New Mexico NNS R Permitting Program at 20.2.79 NMAC.

What actions are not included in EPA’s current analysis?

This review will not cover the re visions to the General Definitions for the New Mexico SIP at

20.2.2 NMAC, submitted on June 11, 2009. These provisi ons are severable from our review of

the PSD and NNSR program submittals because each permitting program contains program-

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# Dona Ana County, New Mexico is designated as a moderate PM10 nonattainment area. The nonattainment area is

the area bounded by Anthony Quadrangle, Anthony, New Mexico - Texas. SE/4 La Mesa 15' Quadrangle, N3200 -

W10630/7.5, Township 26S, Range 3E, Sections 35 and 36 as limited by the New Mexico - Texas State line on the

south.

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# specific definitions used in place of the Genera l Definitions. The program-specific definitions for

the PSD and NNSR programs are SIP-a pproved at 20.2.74.7 and 20.2.79.7 NMAC, respectively.

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# II. Background of State Submittals

What previous actions has EPA taken on the New Mexico PSD Program?

EPA’s most recent approval to the New Mexi co PSD program was on July 20, 2011, where we

updated our approval of the NM PSD program to include the revisions adopted by the State on

January 1, 2011, for the permitting of greenhouse gas emissions consistent with EPA’s

Greenhouse Gas Tailoring Rule. S ee 76 FR 43149. Since that time, the State of New Mexico has

adopted and submitted one revision to th e PSD program on May 23, 2011, affecting the

following sections:

 20.2.74.7 NMAC – Definitions,

 20.2.74.300 NMAC – Obligations of Owners or Operators of Sources,

 20.2.74.303 NMAC – Ambient Impact Requirements,

 20.2.74.306 NMAC– Monitoring Requirements,

 20.2.74.403 NMAC – Additional Requirements for Sources Impacting Class I Federal

Areas,

 20.2.74.502 NMAC – Significant Emission Rates,

 20.2.74.503 NMAC – Significant Monitoring Concentrations,

 20.2.74.504 NMAC – Allowable PSD Increment and

 20.2.74.505 NMAC – Maximum Allowable Increases for Class I Waivers.

These revisions have been submitted to a dopt and implement the requirements for PM 2.5 

# PSD

permitting in accordance with EPA’s May 16, 2008 and October 20, 2010 final PM 2.5 

# PSD/NNSR permitting implementation rules and the December 21, 2007 Reasonable Possibility

in Recordkeeping Rules.

What previous actions has EPA taken on the New Mexico NNSR Program?

EPA’s most recent approval of the New Mexico NNSR program was on September 5, 2007,

where we updated our approval of the NM NNSR program to incl ude the revisions to address

NSR Reform as adopted by the NM EIB on December 6, 2005. See 72 FR 50879. Since that

time, the State of New Mexico has adopted and submitted revisions on June 11, 2009, and May

23, 2011 to the NNSR program, affec ting the following sections:

 20.2.79.7 NMAC – Definitions (both June 11, 2009, and May 23, 2011),

 20.2.79.109 NMAC – Applicability (both June 11, 2009, and May 23, 2011),

 20.2.79.115 NMAC – Emission Offsets (June 11, 2009) and

 20.2.79.119 NMAC – Tables, Significant Ambi ent Concentrations (May 23, 2011).

These revisions have been submitted to the NNSR program to adopt and implement the

requirements in the November 29, 2005 Phase 2 8-hour Ozone Implementation Rule, the May

16, 2008 and October 20, 2010 PM 2.5 

# PSD/NNSR Implementation Rules, and the December 21,

2007 Reasonable Possibility in Recordkeeping Rules.

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# III. Technical Review of State Submittals

This technical review of the June 11, 2009 and May 23, 2011 revisions to 20.2.74 and 20.2.79

NMAC consists of a comparison between the re levant Clean Air Act requirements and the

corresponding sections in the SIP submittal. Each SIP submittal will also be separately reviewed

for completeness as a SIP submittal under Part 51, Appendix V.

III.A. Evaluation of the June 11, 2009 and M ay 23, 2011, SIP Submittals with respect to

section 110(l) of the CAA

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan submitte d by a State under this Act shall be adopted by

such State after reasonable notice and public he aring. The Administrator shall not approve a

revision of a plan if the revision would interfer e with any applicable requirement concerning

attainment and reasonable further progress (as de fined in section 171), or any other applicable

requirement of this Act.

Thus, under section 110(l), these June 11, 2009 and May 23, 2011 SIP submittals containing

revisions to the NM PSD and NNSR permitting progr ams must not interfere with attainment or

reasonable further progress or any other appli cable requirement of the Act. The June 11, 2009

and May 23, 2011 revisions to the New Mexico PSD and NNSR permit programs were adopted

by the New Mexico EIB to implement the 1997 and 2006 PM 2.5 

# NAAQS and provisions for NO X 

# as a precursor to ozone, consistent with the 1997 and 2008 8-hour ozone NAAQS. Thus, these

two revisions are required to adequately implement the New Mexico PSD and NNSR permitting

programs consistent with EPA regulations and the CAA. Therefore, because the June 11, 2009

and May 23, 2011, SIP submittals are required unde r the CAA to implement statutorily mandated

air permitting programs, these revisions by extension will not interfere with any applicable

requirement concerning attainment and reasonable further progre ss, or any other applicable

requirement of the CAA.

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# III.B. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the

Part 51, Appendix V Completeness Checklist

Part 51, Appendix V Completeness Checklists

Appendix V to 40 CFR Part 51 establishes the crit eria for determining the completeness of plan

submissions. Appendix V to Pa rt 51 is outlined below:

1.0 Purpose: This appendix V sets forth th e minimum criteria for determining whether a

State implementation plan submitted for consid eration by EPA is an official submission

for purposes of review under § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to

meet the criteria set forth in this appendix V, and request corrective action, identifying

the component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no

later than 6 months after the date which th e State was required to submit the plan or

revision. If a completeness determination is not made by 6 months from receipt of a

submittal, the submittal shall be deemed complete by operation of law on the date 6

months from receipt. A determination of co mpleteness under this paragraph means that

the submission is an official submission for purposes of §51.103.

The attached checklist outlines the basic criter ia included under 2.1 and 2.2 of Appendix V.

Section 2.3 of Appendix V describes the "paralle l process procedure" which EPA can use to

expedite the review and adoption of SIP revisions. The June 11, 2009 and May 23, 2011 SIP

revisions were not submitted with a request for parallel processing; th erefore Section 2.3 of

Appendix V to 40 CFR Part 51 is not included in this review.

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# SIP Completeness Checklist for the June 11, 2009 and May 23, 2011 SIP Submittals

1. The package is sent with a formal submitta l letter from the Governor or his or her

designee requesting EPA's approval of the revision.

New Mexico Governor Bill Richardson, in a letter dated June 11, 2009, submitted

revisions to the New Mexico State Impl ementation Plan (SIP) to amend the PSD and

NNSR programs at 20.2.74 and 20.2.79 NMAC. EPA Regi on 6 External Affairs received

the submittal on September 8, 2009. This submitt al package also included amendments to

the General Rules Definitions at 20.2.2 NMAC, but as explai ned previously in Section I

of this TSD, 20.2.2 NMAC is not under review in this TSD.

New Mexico Governor Susana Martinez, in a letter dated May 23, 2011, submitted

revisions to the New Mexico SIP to amend the PSD and NNSR programs at 20.2.74 and

20.2.79 NMAC. EPA Region 6 Air Planning Section received the submittal on June 1,

2011.

2. Evidence is included that the State has adopt ed the revision in the State code or body of

regulations, or that the State has issued th e permit, order, consen t agreement (hereafter

document) in final form. This evidence would include the date of adoption or final

issuance and the effective date of revision, if different from adoption/issuance date.

The revisions with the June 11, 2009 submittal were adopted by the NM EIB on July 31,

2009, and became effective on August 31, 2009.

The revisions with the May 23, 2011 submittal were adopted by the NM EIB on May 3,

2011, and became effective on June 3, 2011.

3. Evidence is included that the State has necessary legal authority under State law to adopt

and implement the revision, e.g., a citati on of the appropriate State authority.

The New Mexico Air Quality Act provides for regulation at 74-2-5.1 NMSA 1978. Duties

and powers of the department and the local agency; and for plan revisions at 74-2-5.2

NMSA 1978. State air pollution control age ncy; specific duties and powers of the

department.

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# 4. A copy is included of the actual regulation or document submitted for approval and

incorporation by reference into the SIP includin g an indication of the changes made to the

existing approved plan where applicable. The submittal shall be a copy of the official

State regulation document signed, stamped, and dated by the appropria te State official

indicating that it is fully enforceable by the State. The effective date of the regulation

document shall, whenever possible, be indicated in the document itself.

The June 11, 2009 submittal included a copy of the official State regulation document,

signed and dated by Mr. Gregory Green, C hair of the New Mexico Environmental

Improvement Board. The effective date is indicated as August 31, 2009.

The May 23, 2011 submittal included a copy of the official State regulation document,

signed and dated by Ms. Deborah Peacock, Chair of the New Mexico Environmental

Improvement Board. The effective date is indicated as June 3, 2011.

5. Evidence is included that the State followed all the procedural requirements of its laws

and/or its constitution in the conducting a nd completing the adoption/issuance of the

plan.

The June 11, 2009 and May 23, 2011 SIP submitta l packages included letters signed by

Bill Grantham, Assistant General Counsel to the New Mexico Environment Department,

that demonstrated the SIP submittal was developed pursuant to 20.1.1 NMAC –

Rulemaking Procedures. The NM EIB is aut horized to adopt revisions to the NM

PSD/NNSR program under the New Mexico Ai r Quality Control Act, NMSA 1978, §74-2-

5.

6. Evidence is included that public notice was given of the proposed changes consistent

with the procedures approved by EPA, including the date of publication of such notice,

(e.g., notarized or certified c opies of any public notices publ ished in newspapers). (The

notice should be at least 30 days prior to the public hearing(s).

Notices of public hearings were published in the following newspape rs on the date listed:

 The Albuquerque Journal on May 4, 2009 for the June 11, 2009 submittal.

 The Albuquerque Journal on March 1, 2011 for the May 23, 2011 submittal.

7. A certification is included indi cating that public hearing(s) was/were held in accordance

with the information provided in the pub lic notice(s) and the State's laws and

constitution, if applicable.

The June 11, 2009 submittal package included a transcript of the July 7, 2009 public

hearing.

The May 23, 2011 submittal package included a transcript of the May 2, 2011 public

hearing.

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# 8. A compilation of public comments and the State's response is included.

The NMED did not receive any comments on either the June 11, 2009 or May 23, 2011

revisions.

The State should include the followi ng technical information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

The June 11, 2009 and May 23, 2011 submittals revise the New Mexico PSD and NNSR

permitting regulations. These revisions apply to all criteri a pollutants and would cover

attainment and nonattainment areas statewide.

2. Identification of the locations of affected sources including the EPA

attainment/nonattainment design ation of the locations and th e status of the attainment

plan for the affected area(s) is included.

The June 11, 2009 and May 23, 2011 submittals revise 20.2.74 and 20.2.79 NMAC.

These regulations apply sp ecifically to the New M exico’s PSD and NNSR permit

programs. The revisions to 20.2.74 NMAC will apply to major sources of criteria

pollutants statewide in areas classified as attainment or unclassifiable. The only

nonattainment area in New Mexico is Dona Ana County, which is designated

nonattainment for PM10. Therefore the revi sions to 20.2.79 NMAC only apply in Dona

Ana County for major sources of PM10 emissi ons. However, in the event that another

area of New Mexico is designated as nonatta inment for a pollutant(s) the revisions to

20.2.79 NMAC would apply.

3. Quantification of the changes in SIP allowa ble emissions from the affected sources is

included. (Examples include estimates of changes in current actual emissions from

affected sources and/or, where appropriate, quantification of changes in actual emissions

from affected sources through calculations of the differences between certain baseline

levels and allowable emissions anticipat ed if the revisions were approved.)

Not required for the June 11, 2009 or May 23, 2011 revisions to the New Mexico PSD

and NNSR permit programs. Allowable emissi ons consistent with the PSD and NNSR

permitting requirements will be addressed on a permit-by-permit basis.

4. Demonstration is included that the NAAQ S/PSD increments/RFP demonstration and

visibility as applicable would be prot ected if the revision were approved and

implemented.

The June 11, 2009 and May 23, 2011 revisions to the New Mexico PSD and NNSR permit

programs are necessary to implement statut orily required programs. Adoption of these

programs will protect the NAAQS/PSD increm ents/RFP demonstration and visibility.

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# 5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality

standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessary to support the June 11, 2009 or May 23, 2011 SIP

submittals. Modeling will be provided on a perm it-by-permit basis in accordance with the

PSD regulations.

7. Evidence is included where necessary, that emission limitations are based on continuous

emission reduction technology (e.g., add-on controls, industria l/process equipment

designs, reformulated materials, etc.).

The June 11, 2009 and May 23, 2011 SIP submittals do not establish emission

limitations. Emission limitations will be es tablished on a permit-by-permit basis

according to the applicable PSD and NNSR requirements.

8. Evidence is included indicating that a SIP re vision contains emission limitations, work

practice standards, and recordkeeping/reporti ng requirements to ensure stated emission

levels.

The June 11, 2009 and May 23, 2011 SIP submittals do not establish emission

limitations, work practice standards, and reco rdkeeping/reporting requirements to

ensure stated emission levels. Each PSD and NNSR permit will include these items as

necessary to implement the CAA and the PSD/NNSR permit programs.

9. Compliance/enforcement strategies including how compliance will be determined in

practice (including at what frequency).

The June 11, 2009 and May 23, 2011 SIP submittals do not establish

compliance/enforcement strategies. Each PS D and NNSR permit will separately address

compliance/enforcement.

10. As appropriate, special economic and tec hnological jus tifications are included per

applicable EPA policies or an explanation why such justificati ons are not necessary

should be included. For example, requests for alternative RACT may require such

justification.

These justifications are not necessary for the June 11, 2009 or May 23, 2011 SIP

submittals.

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# The June 11, 2009 and May 23, 2011 SIP submittals satisfy the completeness criteria

established in 40 CFR part 51, Appendix V.

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# III.C. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the

federal requirements for PSD Permit Programs

On July 20, 2011, at 76 FR 43149, EPA SIP-approve d revisions to 20.2.74 NMAC that were

adopted on January 1, 2011. Subsequent to the revisions adopted on January 1, 2011, the NMED

adopted revisions to 20.2.74 NMAC on May 3, 2011, effective June 3, 2011. New Mexico

Governor Susana Martinez submitted these revisions to the NM SIP on May 23, 2011.

The following table evaluates the revisions to 20.2.74 NMAC submitted on May 23, 2011. These

revisions intend to address the require ments of EPA’s May 2008 and July 2010 PM 2.5



# PSD/NNSR Implementation Rules, and the December 21, 2007 Reasonable Possibility in

Recordkeeping Rules. The table will provide a comparison of the existing SIP-approved

language, the revised language and any applicable federal requirem ents – along with an analysis.

Note that the May 23, 2011 submittal revised 9 sections of 20.2.74 NMAC; specifically Sections

7, 300, 303, 306, 403, 502, 503, 504 and 505. The following table presents and analyzes only

revisions to these sections of 20.2.74 NMAC. The remaining sections are unchanged from the

version most recently SIP-approved by EPA.14Table III.C.1 – Evaluation of May 23, 2011 Revisions to 20.2.74 NMACExisting NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements20.2.74.7 – Definitions: Terms used but not definedin this plan shall have the meaning given them by20.2.2 NMAC (Definitions) (formerly AQCR 100).As used in this plan the following definitions shallapply.20.2.74.7 – Definitions: Terms used but not definedin this plan shall have the meaning given them by20.2.2 NMAC (Definitions) (formerly AQCR 100).As used in this plan the following definitions shallapply.No change to the SIP-approved heading.A.“Act” means the Federal Clean Air Act, asamended, 42 U. S. C. Sections 7401 et seq.No Change No change to the existing SIP-approved language.B.“Actual emissions” means the actual rate ofemissions of a regulated new source reviewpollutant from an emissions unit, as determinedin accordance with Paragraphs (2) through (4)of this subsection.(1)This definition shall not apply forcalculating whether a significant emissionsincrease has occurred, orfor establishing aPAL under 20.2.74.320 NMAC. Instead,Subsections G and AQ of this section shallapply for those purposes.(2)In general, actual emissions as of aparticular date shall equal the average rate,in tons per year, at which the unit actuallyemitted the pollutant during a consecutive24-month period which precedes theparticular date and which is representativeof normal source operation. Thedepartment shall allow the use of adifferent time period upon a determinationthat it is more representative of normalsource operation. Actual emissions shallbe calculated using the unit's actualoperating hours, production rates, andtypes of materials processed, stored, orcombusted during the selected time period.(3)The department may presume that sourceNo Change No change to the existing SIP-approved language.15Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsspecific allowable emissions for the unitare equivalent to the actual emissions ofthe unit.(4)For any emissions unit that has not begunnormal operations on the particular date,actual emissions shall equal the potentialto emit of the unit on that date.C.“Administrator” means the administrator of theU.S. Environmental Protection Agency (EPA)or an authorized representative.No Change No change to the existing SIP-approved language.D.“Adverse impact on visibility” means visibilityimpairment which interferes with themanagement, protection, preservation, orenjoyment of the visitor's visual experience ofthe class I federal area. This determinationmust be made on a case-by-case basis takinginto account the geographic extent, intensity,duration, frequency, and time of the visibilityimpairments and how these factors correlatewith the following: 1) times of visitor use ofthe class I federal area; and 2) the frequencyand timing of natural conditions that reducevisibility. This term does not include effectson integral vistas as defined in 40 CFR 51.301Definitions.No Change No change to the existing SIP-approved language.E.“Allowable emissions” means the emissionsrate of a stationary source calculated using themaximum rated capacity of the source (unlessthe source is subject to federally enforceablelimits which restrict the operating rate, orhours of operation, or both) and the moststringent of the following:(1)the applicable standards as set forth in 40CFR Parts 60 and 61;(2)the applicable state implementation planNo Change No change to the existing SIP-approved language.16Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsemissions limitation, including those witha future compliance date; or(3)the emissions rate specified as a federallyenforceable permit condition, includingthose with a future compliance date.F.“Attainment area” means,for any air pollutant,an area which is shown by monitored data orwhich is calculated by air quality modeling notto exceed any national ambient air qualitystandard for such pollutant, and is sodesignated under Section 107 (d) (1) (D) or (E)of the act.No Change No change to the existing SIP-approved language.G.“Baseline actual emissions” means the rate ofemissions, in tons per year, of a regulated newsource review pollutant, as determined inaccordance withthe following.(1)For any existing electric utility steamgenerating unit, baseline actual emissionsmeans the average rate, in tons per year, atwhich the unit actually emitted thepollutant during any consecutive 24-monthperiod selected by the owner or operatorwithin the 5-year period immediatelypreceding when the owner or operatorbegins actual construction of the project.The department shall allow the use of adifferent time period upon a determinationthat it is more representative of normalsource operation.(a)The average rate shall include fugitiveemissions to the extent quantifiable,and emissions associated withstartups, shutdowns, andmalfunctions.(b)The average rate shall be adjustedNo Change No change to the existing SIP-approved language.17Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsdownward to exclude any noncompliant emissions that occurredwhile the source was operating abovean emission limitation that was legallyenforceable duringthe consecutive24-month period.(c)For a regulated new source reviewpollutant, when a project involvesmultiple emissions units, only oneconsecutive 24-month period must beused to determine the baseline actualemissions for the emissions unitsbeing changed. A differentconsecutive 24-month period can beused For each regulated new sourcereview pollutant.(d)The average rate shall not be based onany consecutive 24-month period forwhich there is inadequate informationfor determining annual emissions, intons per year, and for adjusting thisamount if required by Subparagraph(b) of this paragraph.(2)For an existing emissions unit (other thanan electric utility steam generating unit),baseline actual emissions means theaverage rate, in tons per year, at which theemissions unit actually emitted thepollutant during any consecutive 24-monthperiod selected by the owner or operatorwithin the 10-year period immediatelypreceding either the date the owner oroperator begins actual construction of theproject, or the date a complete permitapplication is received by the department18Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsfor a permit required either under this partor under a plan approved by theadministrator, whichever is earlier, exceptthat the 10-year period shall not includeany period earlier than November 15,1990.(a)The average rate shall include fugitiveemissions to the extent quantifiable,and emissions associated withstartups, shutdowns, andmalfunctions.(b)The average rate shall be adjusteddownward to exclude any noncompliant emissions that occurredwhile the source was operating abovean emission limitation that was legallyenforceable duringthe consecutive24-month period.(c)The average rate shall be adjusteddownward to exclude any emissionsthat would have exceeded an emissionlimitation with which the majorstationary source must currentlycomply, had such major stationarysource been required to comply withsuch limitations during theconsecutive 24-month period.However, if an emission limitation ispart of a maximum achievable controltechnology standard that theadministrator proposed orpromulgated under 40 CFR Part 63,the baseline actual emissions needonly be adjusted if the state has takencredit for such emissions reductions in19Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsan attainment demonstration ormaintenance plan consistent with therequirements of 40 CFR 51.165(a) (3)(ii) (G).(d)For a regulated new source reviewpollutant, when a project involvesmultiple emissions units, only oneconsecutive 24-month period must beused to determine the baseline actualemissions for the emissions unitsbeing changed. A differentconsecutive 24-month period can beused for each regulated new sourcereview pollutant.(e)The average rate shall not be basedon any consecutive 24-month periodfor which there is inadequateinformation for determining annualemissions, in tons per year, and foradjusting this amount if required bySubparagraphs (b) and (c) of thisparagraph.(3)For a new emissions unit, the baselineactual emissions for purposes ofdetermining the emissions increase thatwill result from the initial construction andoperation of such unit shall equal zero;and thereafter, for all other purposes, shallequal the unit's potential to emit.(4)For a PAL for a stationary source, thebaseline actual emissions shall becalculated for existing electric utilitysteam generating units in accordance withthe procedures contained in Paragraph (1)of this subsection, for other existing20Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsemissions units in accordance with theprocedures contained in Paragraph (2) ofthis subsection, and for a new emissionsunit in accordance with the procedurescontained in Paragraph (3) of thissubsection.H.“Baseline area” means all lands designated asattainment or unclassifiable in which the majorsource or major modification would constructor would have an air quality impact equal to orgreater than one microgram per cubic meter(annual average) of thepollutant for which theminor source baseline date is established. Themajor source or major modification establishesthe minor source baseline date (see thedefinition “minor source baseline date” in thispart). Lands are designated as attainment orunclassifiable under Section 107(d)(1)(D) or(E) of the act within each federal air qualitycontrol region in the state of New Mexico. Anybaseline area established originally for TSP(total suspended particulates) increments shallremain in effect and shall apply for purposes ofdetermining the amount of available PM-10increments. A TSP baseline area shall notremain in effect if the department rescinds thecorresponding minor source baseline date (see“minor source baseline date” in this part).H."Baseline area” means all lands designated asattainment or unclassifiable in which themajor source or major modificationestablishing the minor source baseline datewould construct or would have an air qualityimpact for the pollutant for which thebaseline date is established, as follows:equalto or greater than one microgram per cubicmeter (annual average) of the pollutant forwhich the minor source baseline date isestablishedfor sulfur dioxide. nitrogendioxide, or PM10; or equal or greater than 0.3microgram per cubic meter (annual average)for PM2.5.The major source or majormodification establishes the minor sourcebaseline date (see the definition "minorsource baseline date" in this part). Lands aredesignated as attainment or unclassifiableunder Section 107(d)( 1) (D) or (E)(A)(ii) or(iii)of the act within each federal air qualitycontrol region in the state of New Mexico.Any baseline area established originally forTSP (total suspended particulates) incrementsshall remain in effect and shall apply forpurposes of determining the amount ofavailable PM10 increments. A TSP baselinearea shall not remain in effect if thedepartment rescinds the corresponding minorsource baseline date (see "minor sourceRevisions to “Baseline Area” definition have beenmade to correctly implement the PM2.5increment,as promulgated by EPA on July 20, 2010, andpublished on October 20, 2010. See 75 FR 64864.Revisions are consistent with the requirements at40 CFR 51.166(b)(15)(i) and (ii).Revisions are approvable.21Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsbaseline date" in this part).I.“Baseline concentration” means that ambientconcentration level that exists in the baselinearea at the time of theapplicable minor sourcebaseline date.(1)A baseline concentration is determined foreach pollutant for which a minor sourcebaseline date is established and shallinclude:(a)the actual emissions, as defined in thissection, representative of sources inexistence on the applicable minorsource baseline date, except asprovided in Paragraph (2) of thissubsection;(b)the allowable emissions of majorstationary sources that commencedconstruction before the major sourcebaseline date, but were not inoperation by the applicable minorsource baseline date.(2)The following will not be included in thebaseline concentration and will affect theapplicable maximum allowableincrease(s):(a)actual emissions, as defined in thissection, from any major stationarysource on which constructioncommenced after the major sourcebaseline date; and(b)actual emissions increases anddecreases, as defined in Subsection Bof this section, at any stationarysource occurring after the minorsource baseline date.No Change No change to the existing SIP-approved language.22Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsJ.“Begin actual construction” means, in general,initiation of physical onsite constructionactivities on an emissions unit which are of apermanent nature. Such activities include, butare not limited to, installation of buildingsupports and foundations, laying undergroundpipework and construction of permanentstorage structures. With respect to a change inmethod of operations, this term refers to thoseon-site activities other than preparatoryactivities which mark the initiation of thechange.No Change No change to the existing SIP-approved language.K.“Best Available Control Technology(BACT)” means an emissions limitation(including a visible emission standard) basedon the maximum degree of reduction for eachregulated pollutant which would be emittedfrom any proposed major stationary source ormajor modification, which the secretarydetermines is achievable on a case-by-casebasis. This determination will take into accountenergy, environmental, and economic impactsand other costs. The determination must beachievable for such source or modificationthrough application of production processes oravailable methods, systems, and techniques,including fuel cleaning, clean fuels, ortreatment or innovative fuel combustiontechniques for control of such pollutants. In noevent shall application of best available controltechnology result in emissions of any pollutantwhich would exceed the emissions allowed byany applicable standard under 40 CFR Parts 60and 61. If the secretary determines thattechnological or economic limitations on theNo Change No change to the existing SIP-approved language.23Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsapplication of measurement methodology to aparticular emissions unit would make theimposition of an emissions standard infeasible,a design, equipment, work practice, operationalstandard, or combination thereof, may beprescribed instead to satisfy the requirementfor the application of best available controltechnology. Such standard shall, to the degreepossible, set forth the emissions reductionachievable by implementation of such design,equipment, work practice, or operation, andshall provide for compliance by means whichachieve equivalent results.L.“Building, structure, facility, orinstallation” means all of the pollutant emittingactivities which belong to the same industrialgrouping, are located on one or morecontiguous or adjacent properties, and areunder the control of the same person (orpersons under common control). Pollutantemitting activities shall be considered as partof the same industrial grouping if they belongto the same “major group” (i.e., which have thesame first two digit code) as described in thestandard industrial classification (SIC) manual,1972, as amended by the 1977 supplement (U.S. government printing office stock numbers4101-0066 and 003-005-00176-0, respectively)or any superseding SIC manual.No ChangeNo change to the existing SIP-approved language.M.“Class I federal area” means any federal landthat is classified or reclassified as “class I” asdescribed in 20.2.74.108 NMAC.No Change No change to the existing SIP-approved language.N.“Commence” means, as applied to constructionof a major stationary source or majormodification, that the owner or operator has allNo Change No change to the existing SIP-approved language.24Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsnecessary preconstruction approvals or permitsand has:(1)Begun, or caused to begin, a continuousprogram of actual on-site construction ofthe source, to be completed within areasonable time; or(2)Entered into binding agreements orcontractual obligations, which cannot becancelled or modified without substantialloss to the owner or operator, to undertakeand complete, withina reasonable time, aprogram of actual construction.O.“Construction” means any physical change orchange in the method of operation (includingfabrication, erection, installation, demolition,or modification of an emissions unit) thatwould result in a change in emissions.No Change No change to the existing SIP-approved language.P.“Continuous emissions monitoring system(CEMS)” means all of the equipment that maybe required to meet the data acquisition andavailability requirements of this section, tosample, condition (if applicable), analyze, andprovide a record of emissions on a continuousbasis.No Change No change to the existing SIP-approved language.Q.“Continuous emissions rate monitoring system(CERMS)” means the total equipment requiredfor the determination and recording of thepollutant mass emissions rate (in terms of massper unit of time).No Change No change to the existing SIP-approved language.R.“Continuous parameter monitoring system(CPMS)” means all of the equipment necessaryto meet the data acquisition and availabilityrequirements of this section, to monitor processand control device operational parameters (forexample, control device secondary voltagesNo Change No change to the existing SIP-approved language.25Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsand electric currents)and other information(for example, gas flow rate, O2 or CO2concentrations), and to record averageoperational parameter value(s) on a continuousbasis.S.“Department” means the New Mexicoenvironment department.No Change No change to the existing SIP-approved language.T.“Electric utility steam generating unit” meansany steam electric generating unit that isconstructed for the purpose of supplying morethan one-third of its potential electric outputcapacity and more than 25 megawatts electricaloutput to any utility power distribution systemfor sale. Any steam supplied to a steamdistribution system for the purpose ofproviding steam to a steam-electric generatorthat would produce electrical energy for sale isalso considered in determining the electricalenergy output capacity of the affected facility.No Change No change to the existing SIP-approved language.U.“Emissions unit” means any part of astationary source that emits or would have thepotential to emit any regulated new sourcereview pollutant and includes an electric utilitysteam generating unit as defined in this section.For purposes of this section, there are twotypes of emissions units as described in thefollowing.(1)A new emissions unit is any emissionsunit that is (or will be) newly constructedand that has existed for less than 2 yearsfrom the date such emissions unit firstoperated.(2)An existing emissions unit is anyemissions unit that does not meet therequirements in Paragraph (1) of thisNo Change No change to the existing SIP-approved language.26Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementssubsection. A replacement unit, as definedin this section, is an existing unit.V.“Federal land manager” means, with respect toany lands in the United States, a federal levelcabinet secretary of a federal level department(e.g. interior dept.) with authority over suchlands.No Change No change to the existing SIP-approved language.W.“Federally enforceable” means all limitationsand conditions which are enforceable by theadministrator, including:(1)those requirements developed pursuant to40 CFR Parts 60 and 61;(2)requirements within any applicable stateimplementation plan;(3)any permit requirements establishedpursuant to 40 CFR 52.21; or(4)under regulations approved pursuant to 40CFR Part 51, Subpart I including 40 CFR51.165 and 40 CFR 51.166.No Change No change to the existing SIP-approved language.X.“Fugitive emissions” means those emissionswhich could not reasonably pass through astack, chimney, vent, or other functionallyequivalent opening.No Change No change to the existing SIP-approved language.Y."Greenhouse gas" for the purpose of this part isdefined as the aggregate group of the followingsix gases: carbon dioxide, nitrous oxide,methane, hydrofluorocarbons,perfluorocarbons, and sulfur hexafluoride.No Change No change to the existing SIP-approved language.Z.“High terrain” means any area having anelevation nine hundred (900) feet or moreabove the base of a source's stack.No Change No change to the existing SIP-approved language.AA.“Indian governing body” means the governingbody of any tribe, band, or group of Indianssubject to the jurisdiction of the United Statesand recognized by the United States asNo Change No change to the existing SIP-approved language.27Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementspossessing power of self-government.AB.“Innovative Control Technology” means anysystem of air pollution control that has notbeen adequately demonstrated in practice. Butsuch system would have a substantiallikelihood of achieving greater continuousemissions reduction than any control system incurrent practice or achieving at leastcomparable reductions at lower cost in terms ofenergy, economics, or non-air qualityenvironmental impacts.No Change No change to the existing SIP-approved language.AC.“Low terrain” means any area other than highterrain.No Change No change to the existing SIP-approved language.AD.“Lowest achievable emission rate” means, forany source, the more stringent rate ofemissions based on the following:(1)the most stringent emissions limitationwhich is contained in the implementationplan of any state for such class or categoryof stationary source, unless the owner oroperator of the proposed stationary sourcedemonstrates that such limitations are notachievable; or(2)the most stringent emissions limitationwhich is achieved in practice by such classor category of stationary source; thislimitation, when applied to a modification,means the lowest achievable emissionsrate for the new or modified emissionsunits within the stationary source. In noevent shall the application of this termpermit a proposed new or modifiedstationary source to emit any pollutant inexcess of the amount allowable under anapplicable new source standard ofNo Change No change to the existing SIP-approved language.28Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsperformance.AE.“Major modification” means any physicalchange in or change in the method of operationof a major stationary source that would resultin: a significant emissions increase (as definedin of this section) of a regulated new sourcereview pollutant (as defined in this section);and a significant net emissions increase of thatpollutant from the major stationary source.Any significant emissions increase (as definedin this section) from any emissions units or netemissions increase (as defined in this section)at a major stationary source that is significantfor volatile organic compounds or nitrogenoxides shall be considered significant forozone.(1)A physical change or change in themethod of operation shall not include:(a)routine maintenance, repair, andreplacement;(b)use of an alternative fuel or rawmaterial by reason of an order underSection 2 (a) and (b) of the EnergySupply and EnvironmentalCoordination Act of 1974 (or anysuperseding legislation) or by reasonof a natural gas curtailment planpursuant to the Federal Power Act;(c)use of an alternative fuel by reason ofan order or rule under Section 125 ofthe act;(d)use of an alternative fuel at a steamgenerating unit to the extent that thefuel is generated from municipal solidwaste;No Change No change to the existing SIP-approved language.29Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements(e)use of an alternative fuel or rawmaterial by a stationary source which:i.the source was capable ofaccommodating before January 6,1975, unless such change would beprohibited under any federallyenforceable permit condition whichwas established after January 6,1975 pursuant to 40 CFR 52.21 orunder regulations approvedpursuant to 40 CFR 51.165 or 40CFR 51.166; orii.the source is approved to use underany permit issued under 40 CFR52.21 or under regulations approvedpursuant to 40 CFR 51.166;(f)an increase in the hours of operationor in the production rate, unless suchchange would be prohibited under anyfederally enforceable permit whichwas established after January 6, 1975,pursuant to 40 CFR 52.21 or underregulations approved pursuant to 40CFR 51.165 or 40 CFR 51.166;(g)any change in ownership at astationary source;(h)the installation, operation, cessation,or removal of a temporary clean coaltechnology demonstration project,provided that the project complieswith:i.the state implementation plan forthe state in which the project islocated; andii.other requirements necessary to30Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsattain and maintain the nationalambient air quality standards duringthe project and after it is terminated.(i)the installation or operation of apermanent clean coal technologydemonstration project that constitutesrepowering, provided that the projectdoes not result in an increase in thepotential to emit of any regulatedpollutant emitted by the unit; thisexemption shall apply on a pollutantby-pollutant basis;(j)the reactivation of a very clean coalfired electric utility steam generatingunit.(2)This definition shall not apply with respectto a particular regulated new sourcereview pollutant when the major stationarysource is complying with the requirementsunder 20.2.74.320 NMAC for a PAL forthat pollutant. Instead, the definition atParagraph (8) of Subsection B of20.2.74.320 NMAC shall apply.AF.“Major source baseline date” means:(1)in the case of particulate matter and sulfurdioxide, January 6, 1975; and(2)in the case of nitrogen dioxide, February8, 1988.AF. "Major source baseline date" means:(1)in the case of particulate matterPM10andsulfur dioxide, January 6, 1975; and(2)in the case of nitrogen dioxide, February8,1988; and(3)in the case of PM2.5, October 20,2010.Revisions to “Major source baseline date”definition made to correctly implement the PM2.5increment, as promulgated by EPA on July 20,2010 and published on October 20, 2010. See 75FR 64864.Revisions are consistent with the requirements at40 CFR 51.166(b)(14)(i)(a) and (c).Revisions are approvable.31Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsAG.“Major stationary source” means thefollowing.(1)Any stationary source listed in table 1(20.2.74.501 NMAC) which emits, or hasthe potential to emit, emissions equal to orgreater than one hundred (100) tons peryear of any regulated new source reviewpollutant.(2)Any stationary source not listed in table 1(20.2.74.501 NMAC) and which emits orhas the potential to emit two hundred fifty(250) tons per year or more of anyregulated new source review pollutant.(3)Any physical change that would occur at astationary source not otherwise qualifyingunder Paragraphs (1) or (2) of thissubsection if the change would constitute amajor stationary source by itself.(4)A major source that is major for volatileorganic compounds or nitrogen oxidesshall be considered major for ozone.(5)The fugitive emissions of a stationarysource shall not be included indetermining for any of the purposes of thissection whether it is a major stationarysource, unless the source belongs to one ofthe stationary source categories found inTable 1 (20.2.74.501 NMAC) or any otherstationary source category which, as ofAugust 7, 1980, is being regulated underSection 111 or 112 of the act.No Change No change to the existing SIP-approved language.AH.“Mandatory class I federal area” means anyarea identified in the Code of FederalRegulations (CFR), 40 CFR Part 81, SubpartD. See 20.2.74.108 NMAC for a list of theseNo Change No change to the existing SIP-approved language.32Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsareas in New Mexico.AI.“Minor source baseline date” means theearliest date after the trigger date on which theowner or operator of a major stationary sourceor major modification subject to 40 CFR 52.21or to this part submits a complete applicationunder the relevant regulations.(1)The trigger date is:(a)in the case of particulate matter andsulfur dioxide, August 7, 1977; and(b)in the case of nitrogen dioxide,February 8, 1988.(2)Any minor source baseline dateestablished originally for the TSP (totalsuspended particulates) increments shallremain in effect and shall apply forpurposes of determining the amount ofavailable PM-10 increments. Thedepartment may rescind any TSP minorsource baseline date where it can beshown, to the department 's satisfaction,that the emissions increase from the majorstationary source, or the net emissionsincrease from the major modification,responsible for triggering that date, did notresult in a significant amount of PM-10emissions.AI.“Minor source baseline date” means theearliest date after the trigger date on which theowner or operator of a major stationary sourceor major modification subject to 40 CFR 52.21or to this part submits a complete applicationunder the relevant regulations.(1)The trigger date is:(a)in the case of particulate matterPM10and sulfur dioxide, August 7, 1977;and(b)in the case of nitrogen dioxide,February 8, 1988; and(c)in the case of PM2.5, October 20,2011.(2)Any minor source baseline dateestablished originally for the TSP (totalsuspended particulates) increments shallremain in effect and shall apply forpurposes of determining the amount ofavailable PM10increments. Thedepartment may rescind any TSP minorsource baseline date where it can beshown, to the department 's satisfaction,that the emissions increase from the majorstationary source, or the net emissionsincrease from the major modification,responsible for triggering that date, did notresult in a significant amount of PM10emissions.Revisions to “Minor source baseline date”definition made to correctly implement the PM2.5increment, as promulgated by EPA on July 20,2010 and published on October 20, 2010. See 75FR 64864.Revisions are consistent with the requirements at40 CFR 51.166(b)(14)(ii)(a) and (c).Revisions are approvable.AJ.“Natural conditions” includes naturallyoccurring phenomena that reduce visibility asmeasured in terms of visual range, contrast orcoloration.No Change No change to the existing SIP-approved language.AK.“Necessary preconstructionapprovals or No Change No change tothe existing SIP-approved language.33Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementspermits” means those permits or approvalsrequired under federal air quality control lawsand regulations and those air quality controllaws and regulations which are part of the NewMexico state implementation plan.AL.“Net emissions increase” means, with respectto any regulated new source review pollutantemitted by a major stationary source, thefollowing.(1) The amount by which the sum of thefollowing exceeds zero.(a) The increase in emissions from aparticular physical change or change in themethod of operation at a stationary source ascalculated pursuant to Subsection D of20.2.74.200 NMAC.(b) Any other increases anddecreases in actual emissions at the majorstationary source that are contemporaneouswith the particular change and are otherwisecreditable. Baseline actual emissions forcalculating increases and decreases under thisparagraph shall be determined as provided inSubsection G, except that Subparagraph (c) ofParagraph (1) and Subparagraph (d) ofParagraph (2) of Subsection G of this sectionshall not apply.(2) An increase or decrease in actualemissions is contemporaneous with theincrease from the particular change only if itoccurs within the time period five years priorto the commencement of construction on theparticular change and the date that the increasefrom the particular change occurs.(3) An increase or decrease in actualNo Change No change to the existing SIP-approved language.34Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsemissions is creditable only if:(a) it occurs within the time periodfive years prior to the commencement ofconstruction on the particular change and thedate that the increase from the particularchange occurs; and(b) the department has not relied onit in issuing a permit for the source underregulations approved pursuant to this section,which permit is in effect when the increase inactual emissions from the particular changeoccurs.(4) An increase or decrease in actualemissions of sulfur dioxide, particulate matter,or nitrogen oxides that occurs before theapplicable minor source baseline date iscreditable only if it is required to be consideredin calculating the amount of maximumallowable increases remaining available.(5) An increase in actual emissions iscreditable only to the extent that the new levelof actual emissions exceeds the old level.(6) A decrease in actual emissions iscreditable only to the extent that:(a) the old level of actual emissionsor the old level of allowable emissions,whichever is lower, exceeds the new level ofactual emissions;(b) it is enforceable as a practicalmatter at and after the time that actualconstruction on the particular change begins;and(c) it has approximately the samequalitative significance for public health andwelfare as that attributed to the increase from35Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsthe particular change.(7) An increase that results from aphysical change at a source occurs when theemissions unit on which construction occurredbecomes operational and begins to emit aparticular pollutant. Any replacement unit thatrequires shakedown becomes operational onlyafter a reasonable shakedown period, not toexceed 180 days.(8) Paragraph (2) of Subsection B ofthis section shall not apply for determiningcreditable increases and decreases.AM.“Nonattainment area” means an areawhich has been designated under Section 107of the Federal Clean Air Act as nonattainmentfor one or more of the national ambient airquality standards by EPA.No Change No change to the existing SIP-approved language.AN.“Portable stationary source” means a sourcewhich can be relocated to another operatingsite with limited dismantling and reassembly.No Change No change to the existing SIP-approved language.AO.“Potential to emit” means the maximumcapacity of a stationary source to emit apollutant under its physical and operationaldesign. Any physical or operational limitationon the capacity of the source to emit apollutant, including air pollutant controlequipment and restrictions on hours ofoperation or on the type or amount of materialcombusted, stored, or processed, shall betreated as part of its design if the limitations orthe effect it would have on emissions isfederally enforceable. Secondary emissions donot count in determining the potential to emitof a stationary source.No Change No change to the existing SIP-approved language.AP.“Predictive emissions monitoring system No ChangeNo change to the existing SIP-approved language.36Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements(PEMS)” means all of the equipment necessaryto monitor process and control deviceoperational parameters (for example, controldevice secondary voltages and electriccurrents) and other information (for example,gas flow rate, O2 or CO2 concentrations), andcalculate and record the mass emissions rate(for example, lb/hr) ona continuous basis.AQ.“Project” means a physical change in, orchange in method of operation of, an existingmajor stationary source.No Change No change to the existing SIP-approved language.AR.“Projected actual emissions” means themaximum annual rate, in tons per year, atwhich an existing emissions unit is projected toemit a regulated new source review pollutant inany one of the 5 years (12-month period)following the date the unit resumes regularoperation after the project, or in any one of the10 years following that date, if the projectinvolves increasing the emissions unit's designcapacity or its potential to emit that regulatednew source review pollutant, and fullutilization of the unit would result in asignificant emissions increase, or a significantnet emissions increase at the major stationarysource. In determining the projected actualemissions (before beginning actualconstruction), the owner or operator of themajor stationary source:(1)shall consider all relevant information,including but not limited to, historicaloperational data, the company's ownrepresentations, the company's expectedbusiness activity and the company'shighest projections of business activity,No Change No change to the existing SIP-approved language.37Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsthe company's filings with the state orfederal regulatory authorities, andcompliance plans under the approved plan;and(2)shall include fugitive emissions to theextent quantifiable and emissionsassociated with startups, shutdowns, andmalfunctions; and(3)shall exclude, in calculating any increasein emissions that results from theparticular project, that portion of the unit'semissions following the project that anexisting unit could have accommodatedduring the consecutive 24-month periodused to establish the baseline actualemissions under Subsection G of thissection and that are also unrelated to theparticular project, including any increasedutilization due to product demand growth;or,(4)in lieu of using the method set out inParagraphs (1) through (3) of thissubsection, may elect to use the emissionsunit's potential to emit, in tons per year, asdefined in Subsection AQ of this section.AS.“Regulated new sourcereview pollutant”, forpurposes of this part, means the following:(1)any pollutant for which a national ambientair quality standard has been promulgatedand any constituents or precursors for suchpollutants identified by the administrator(e.g., volatile organic compounds andnitrogen oxides are precursors for ozone);(2)any pollutant that is subject to anystandard promulgated under Section 111AS."Regulated new source review pollutant",for purposes of this part, means the following;(1)any pollutant for which a national ambientair quality standard has been promulgatedand any constituents or precursors for suchpollutants identified by the administrator(e.g., volatile organic compounds andnitrogen oxides are precursors for ozone);pollutant identified under this paragraph(Paragraph (1) of Subsection AS ofRevisions to the “Regulated NSR Pollutant”definition have been made to identify PM2.5and itsprecursors to allow for proper implementation ofthe PSD program for emissions of PM2.5. Theserequirements were promulgated by EPA on May16, 2008, at 73 FR 28321.The revisions to 20.2.74.7.AS(1)(a) – (d) areconsistent with 51.166(b)(49)(i)(a)-(d). See73 FR 28321 May 16, 2008 FRN. These revisions38Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsof the act;(3)any class I or II substance subject to astandard promulgated under or establishedby title VI of the act; or(4)any pollutant that otherwise is subject toregulation under the act as defined inSubsection AZ of this section.20.2.74.7 NMAC) as a constituent orprecursor to such pollutant; precursorsidentified by the administrator for purposesof NSR are the following:(a)volatile organic compounds and nitrogenoxides are precursors to ozone in allattainment and unclassifiable areas;(b)sulfur dioxide is a precursor to PM2.5.inall attainment and unclassifiable areas;(c)nitrogen oxides are presumed to beprecursors to PM2.5in all attainment andunclassifiable areas, unless the statedemonstrates to the administrator'ssatisfaction or EPA demonstrates thatemissions of nitrogen oxides fromsources in a specific area are not asignificant contributor to that area'sambient PM2.5concentrations;(d)volatile organic compounds arepresumed not to be precursors to PM2.5inany attainment or unclassifiable area,unless the state demonstrates to theadministrator's satisfaction or EPAdemonstrates that emissions of volatileorganic compounds from sources in aspecific area are a significant contributorto that area's ambient PM2.5concentrations;(2)any pollutant that is subject to any standardpromulgated under Section 111 of the act;(3)any class I or II substance subject to astandard promulgated under or establishedby title VI of the act; or(4)any pollutant that otherwise is subject toregulation under the act as defined inare approvable.The revisions to the “Regulated NSR Pollutant” toinclude the condensables language at20.2.74.7.AS(6) are consistent with therequirements at 40 CFR51.166(b)(49)(vi). See 73FR 28321, May 16, 2008. These revisions areapprovable.Note that EPA proposed revisions to51.166(b)(49)(i)(a) on March 16, 2012 at 77 FR15656. The proposed revisions delete theinadvertent inclusion of PM in the condensablesprovisions of regulated NSR pollutant. However,we can proceed with our proposed approval of theMay 23, 2011 New Mexico submittal because asadopted, the NM PSD program is consistent withthe federal rule until EPA finalizes its March 16,2012, rulemaking. Once EPA finalizes the March16, 2012 rulemaking, the NMED can choose toinitiate further rulemaking to ensure consistencywith federal requirements.To provide context, thefollowing paragraphs arethe excerpts of the proposed condensablesregulatory text at 77 FR 15656 with doubleunderline and strikethroughs to indicate proposedchanges:Proposed 40 CFR 51.166(b)(49)(i)(a):Particulate matter (PM),PM2.5emissions,and PM10emissions shall include gaseousemissions from a source or activity whichcondense to form particulate matter atambient temperatures; on or after January39Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsSubsection AZ of this section;(5)notwithstanding Paragraphs (1) through (4)of Subsection AS of this section, the term"regulated NSR pollutant" shall not includeany or all hazardousair pollutants eitherlisted in Section 112 of the act, or added tothe list pursuant to Section 112(b)(2) of theact, and which have not been delistedpursuant to Section 112(b)(3) of the act,unless the listed hazardous air pollutant isalso regulated as a constituent or precursorof a general pollutant listed under Section108 of the act;(6)Particulate matter (PM) emissions, PM2.5emissions, and PM10 emissions shallinclude gaseous emissions from a source oractivity which condense to form particulatematter at ambient temperatures; on or afterJanuary 1, 2011, such condensableparticulate matter shall be accounted for inapplicability determinations and inestablishing emissions limitations for PM,PM2.5and PMl0 in PSD permits;compliance with emissions limitations forPM, PM2.5and PM10 issued prior to thisdate shall not be based on condensableparticulate matter unless required by theterms and conditions of the permit or theapplicable implementation plan;applicability determinations made prior tothis date without accounting forcondensable particular matter shall not beconsidered in violation of this sectionunless the applicable implementation planrequired condensable particular matter to1, 2011 (or any earlier date established inthe upcoming rulemaking codifying testmethods), such condensable particulatematter shall be accounted for inapplicability determinations and inestablishing emissions limitations for PM,PM2.5and PM10in PSD permits;compliance with emissions limitations forPM,PM2.5and PM10issued prior to thisdate shall not be based on condensableparticulate matter unless required by theterms and conditions of the permit or theapplicable implementation plan;applicability determinations made prior tothis date without accounting forcondensable particulate matter shall not beconsidered in violation of 20.11.61NMAC unless the applicableimplementation plan required condensableparticulate matter to be included.Proposed 40 CFR 51.166(b)(49)(i)(b)(ii):any pollutant that is subject to anystandard promulgated under Section 111of the act, as required to be measured bythe applicable performance standard forthat pollutant. For sources not currentlyregulated by an applicable NSPS,measurement of such pollutant shall bedetermined by the reviewing authority;40Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsbe included.AT.“Replacement unit” means an emission unit forwhich all of the following criteria are met. Nocreditable emission reductions shall begenerated from shutting down the existingemissions unit that is replaced.(1)The emissions unit is a reconstructed unitwithin the meaning of 40 CFR60.15(b)(1), or the emissions unitcompletely takes the place of an existingemissions unit.(2)The emissions unit is identical to orfunctionally equivalent to the replacedemissions unit.(3)The replacement unit does not change thebasic design parameter(s) of the processunit.(4)The replaced emissions unit ispermanently removed from the majorstationary source, otherwise permanentlydisabled, or permanently barred fromoperation by a permit that is enforceableas a practical matter. If the replacedemissions unit is brought back intooperation, it shall constitute a newemissions unit.(5)Notwithstanding Paragraphs (1) through(4) of Subsection AS of this section, theterm "regulated NSR pollutant" shall notinclude any or all hazardous air pollutantseither listed in Section 112 of the act, oradded to the list pursuant to Section112(b)(2) of the act, and which have notbeen delisted pursuant to Section112(b)(3) of the act, unless the listedNo Change No change to the existing SIP-approved language.41Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementshazardous air pollutant is also regulated asa constituent or precursor of a generalpollutant listed under Section 108 of theact;AU.“Secondary emissions” means emissions whichoccur as a result of the construction oroperation of a major stationary source or majormodification, but do not come from the majorstationary source or major modification itself.For the purpose of this section, secondaryemissions must be specific, well defined,quantifiable, and impact the same general areasas the stationary source or modification whichcauses the secondary emissions. Secondaryemissions include emissions from any offsitesupport facility which would not beconstructed or increase its emissions except asa result of the construction or operation of themajor stationary source or major modification.Secondary emissions do not include anyemissions which come directly from a mobilesource, such as emissionsfrom the tailpipe of amotor vehicle, from a train, or from a vessel.No Change No change to the existing SIP-approved language.AV.“Secretary” means the cabinet level secretaryof the New Mexico environment department orhis or her successor.No Change No change to the existing SIP-approved language.AW.“Significant” means in reference to a netemissions increase or the potential of a sourceto emit air pollutants, a rate of emission thatwould equal or exceed any of the rates listed intable 2 (20.2.74.502 NMAC).No Change No change to the existing SIP-approved language.AX.“Significant emissions increase” means, for aregulated new source review pollutant, anincrease in emissions that is significant (asdefined in Subsection AV of this section) forNo Change No change to the existing SIP-approved language.42Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsthat pollutant.AY.“Stationary source” means any building,structure, facility, or installation which emits,or may emit, any regulated new source reviewpollutant.No Change No change to the existing SIP-approved language.AZ.“Subject to regulation”means, for any airpollutant, that the pollutant is subject to eithera provision in the act, or a nationallyapplicable regulation codified by theadministrator in subchapter C of 40 CFRChapter I, that requires actual control of thequantity of emissions of that pollutant, and thatsuch a control requirement has taken effect andis operative to control, limit or restrict thequantity of emissions of that pollutant releasedfrom the regulated activity. Except that:(1)"greenhouse gases (GHGs)" shall not besubject to regulation except as provided inparagraphs AZ(4) and (5) of this section;(2)for purposes of Paragraphs (3) through (5)of Subsection AZ of this section, the term"tons per year CO2 equivalent emissions(CO2e)" shall represent an amount ofGHGs emitted, and shall be computed asfollows:(a)multiplying the mass amount ofemissions (tons peryear), for each ofthe six greenhouse gases in thepollutant GHGs, by the gas'sassociated global warming potentialpublished at table A-1 to subpart A of40 CFR part 98 - Global WarmingPotentials;(b)sum the resultant value fromSubparagraph (a) of Paragraph (2) ofNo Change No change to the existing SIP-approved language.43Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsSubsection AZ of this section for eachgas to compute a tons per year CO2e;(3)the term "emissions increase" as used inParagraphs (4) and (5) of Subsection AZof this section shall mean that both asignificant emissions increase (ascalculated using the procedures inSubsection D of 20.2.74.200 NMAC) anda significant net emissions increase (asdefined in Subsections AL, AW and AXof 20.2.74.7 NMAC) occur; for thepollutant GHGs, an emissions increaseshall be based on tons per year CO2e, andshall be calculated assuming the pollutantGHGs is a regulated NSR pollutant, and"significant" is defined as 75,000 tons peryear CO2e instead of applying the value intable 2 of 20.2.74 NMAC;(4)beginning January 2, 2011, the pollutantGHGs is subject to regulation if:(a)the stationary source is a new majorstationary source for a regulated NSRpollutant that is not GHGs, and alsowill emit or will have the potential toemit 75,000 tons per year CO2e ormore; or(b)the stationary source is an existingmajor stationary source for aregulated NSR pollutant that is notGHGs, and also will have anemissions increase of a regulated NSRpollutant that is not GHGs, and alsowill have an emissions increase of75,000 tons per year CO2e or more;and44Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements(5)beginning July 1, 2011, in addition to theprovisions in Paragraph (4) of thissubsection, the pollutant GHGs shall alsobe subject to regulation:(a)at a new stationary source that willemit or have the potential to emit100,000 tons per year CO2e; or(b)at an existing stationary source thatemits of has the potential to emit100,000 tons per year CO2e, whensuch stationary source undertakes aphysical change or change in themethod of operation that will result inan emissions increase of 75,000 tonsper year CO2e or more;(6)if a federal court stays, invalidates orotherwise renders unenforceable by theUS EPA, in whole or in part, theprevention of significant deterioration andTitle V greenhouse gas tailoring rule (75FR 31514, June 3, 2010), the definition"subject to regulation" shall be enforceableby the department only to the extent that itis enforceable by US EPA.BA.“Temporary source” means a stationary sourcewhich changes its location or ceases to existwithin two years from the date of initial start ofoperations.No Change No change to the existing SIP-approved language.BB.“Visibility impairment” means any humanlyperceptible change in visibility (visual range,contrast, coloration) from that which wouldhave existed under natural conditions.No Change No change to the existing SIP-approved language.BC.“Volatile organic compound (VOC)” meansany organic compound which participates inatmospheric photochemical reactions; that is,No Change No change to the existing SIP-approved language.45Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsany organic compound other than those whichthe administrator designates as havingnegligible photochemical reactivity.20.2.74.300 OBLIGATIONS OF OWNERS OROPERATORS OF SOURCES:20.2.74.300 OBLIGATIONS OF OWNERS OROPERATORS OF SOURCES:No change to the existing SIP-approved language.A.Any owner or operator who begins actualconstruction or operates a source ormodification without, or not in accordancewith, a permit issued under the requirements ofthis part shall be subject to enforcement action.No Change No change to the existing SIP-approved language.B.The issuance of a permit does not relieve anyperson from the responsibility of complyingwith the provisions of the Air Quality ControlAct, sections 74-2-1 to 74-2-17, NMSA 1978;any applicable regulations of the board; andany other requirements under local, state, orfederal law.No Change No change to the existing SIP-approved language.C.Approval to construct shall become invalid if:1) construction is not commenced withineighteen (18) months after receipt of suchapproval; 2) if construction is discontinued fora period of eighteen (18) months or more; or 3)if construction is not completed within areasonable time. For a phased constructionproject, each phase must commenceconstruction within eighteen (18) months ofthe projected and approved commencementdate. The secretary may extend the eighteen(18) month period upon a satisfactory showingthat an extension is justified.No Change No change to the existing SIP-approved language.D.If a source or modification becomes a majorstationary source or major modification solelydue to a relaxation in any enforceablelimitation (which limitation was establishedafter August 7, 1980), on the capacity of theNo Change No change to the existing SIP-approved language.46Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementssource or modification otherwise to emit apollutant, such as a restriction on hours ofoperation, then this part shall apply to thesource or modification as though constructionhad not yet commenced.E.The following specific provisions apply toprojects at existing emissions units at a majorstationary source (otherthan projects at asource with a PAL) incircumstances where theowner or operator elects to use the methodspecified in Paragraphs (1) through (3) ofSubsection AR of 20.2.74.7 NMAC forcalculating projected actual emissions.(1) Before beginning actual construction of theproject, the owner or operator shall documentand maintain a recordof the followinginformation:(a) a description of the project;(b) identification of the emissions unit(s)whose emissions of a regulated new sourcereview pollutant could be affected by theproject; and(c) a description of the applicability test usedto determine that the project is not a majormodification for any regulated new sourcereview pollutant, including the baseline actualemissions, the projected actual emissions, theamount of emissions excluded under Paragraph(3) of Subsection AQ of 20.2.74.7 NMAC andan explanation for why such amount wasexcluded, and any netting calculations, ifapplicable.(2) If the emissions unit is an existing electricutility steam generating unit, before beginningactual construction, the owner or operator shallE.Except as otherwise provided in Paragraph (6)under this subsection (Subsection E of20.2.74.300 NMAC),the following specificprovisions apply towith respect to anyregulated NSR pollutant emitted fromprojectsat existing emissions units at a major stationarysource (other than projects at a source with aPAL) in circumstances where there is areasonable possibility, within the meaning ofParagraph (6) under this subsection (SubsectionE of 20.2.74.300 NMAC), that a project that isnot a part of a major modification may result ina significant emissions increase of suchpollutant, andthe owner or operator elects touse the method specified in Paragraphs (1)through (3) of Subsection AR of 20.2.74.7NMAC for calculating projected actualemissions.(1)Before beginning actual construction of theproject, the owner or operator shalldocument and maintain a record of thefollowing information:(a)a description of the project;(b)identification of the emissions unit(s)whose emissions of a regulated newsource review pollutant could beaffected by the project; and(c)a description of the applicability testused to determine that the project is nota major modification for any regulatedRevisions made to implement EPA’s ReasonablePossibility In Recordkeeping final rulemaking,published December 21, 2007 at 72 FR 72607.Revisions to 20.2.74.300.E are consistent with therequirements at 51.166(r)(6) as promulgatedDecember 21, 2007 at72 FR 72607.Revisions to 20.2.74.300.E(6)(a) and (b) areconsistent with the requirements at51.166(r)(6)(vi)(a) and (b) as promulgatedDecember 21, 2007 at72 FR 72607.These revisions are approvable.47Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsprovide a copy of the information set out inParagraph (1) of this subsection to thedepartment. Nothing in this paragraph shall beconstrued to require the owner or operator ofsuch a unit to obtain any determination fromthe department; however, necessarypreconstruction approvals and/or permits mustbe obtained before beginning actualconstruction.(3) The owner or operator shall monitor theemissions of any regulated new source reviewpollutant that could increase as a result of theproject and that is emitted by any emissionsunit identified in Subparagraph (b) ofParagraph (1) of this subsection; and calculateand maintain a record of the annual emissions,in tons per year on a calendar year basis, for aperiod of 5 years following resumption ofregular operations after the change, or for aperiod of 10 years following resumption ofregular operations after the change if theproject increases the design capacity orpotential to emit of that regulated new sourcereview pollutant at such emissions unit.(4) If the unit is an existing electric utilitysteam generating unit, the owner or operatorshall submit a report to the department within60 days after the end of each year during whichrecords must be generated under Subparagraph(c) of Paragraph (1) of this subsection settingout the unit's annual emissions during thecalendar year that preceded submission of thereport.(5) If the unit is an existing unit other than anelectric utility steam generating unit, the ownernew source review pollutant, includingthe baseline actual emissions, theprojected actual emissions, the amountof emissions excluded under Paragraph(3) of Subsection AR of 20.2.74.7NMAC and an explanation for whysuch amount was excluded, and anynetting calculations, if applicable.(2)If the emissions unit is an existing electricutility steam generating unit, beforebeginning actual construction, the owner oroperator shall provide a copy of theinformation set out in Paragraph (1) of thissubsection to the department. Nothing inthis paragraph shall be construed to requirethe owner or operatorof such a unit toobtain any determination from thedepartment; however, necessarypreconstruction approvals and/or permitsmust be obtained before beginning actualconstruction.(3)The owner or operator shall monitor theemissions of any regulated new sourcereview pollutant that could increase as aresult of the project and that is emitted byany emissions unit identified inSubparagraph (b) of Paragraph (1) of thissubsection; and calculate and maintain arecord of the annual emissions, in tons peryear on a calendar year basis, for a periodof 5 years following resumption of regularoperations after the change, or for a periodof 10 years following resumption of regularoperations after the change if the projectincreases the design capacity or potential to48Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsor operator shall submit a report to thedepartment if the annual emissions, in tons peryear, from the project identified in Paragraph(1) of this subsection, exceed the baselineactual emissions (as documented andmaintained pursuant to Subparagraph (c) ofParagraph (1) of this subsection) by asignificant amount (as defined in 20.2.74.7NMAC) for that regulated new source reviewpollutant, and if such emissions differ from thepreconstruction projection as documented andmaintained pursuant to Subparagraph (c) ofParagraph (1) of this subsection. Such reportshall be submitted to the department within 60days after the end of such year. The reportshall contain the following:(a) the name, address and telephone number ofthe major stationary source;(b) the annual emissions as calculatedpursuant to Paragraph (3) of this subsection;and(c) any other information that the owner oroperator wishes to include in the report (e.g.,an explanation as to why the emissions differfrom the preconstruction projection).emit of that regulated new source reviewpollutant at such emissions unit.(4)If the unit is an existing electric utilitysteam generating unit, the owner oroperator shall submit a report to thedepartment within 60 days after the end ofeach year during which records must begenerated under Subparagraph (c) ofParagraph (1) of this subsection setting outthe unit's annual emissions during thecalendar year that preceded submission ofthe report.(5)If the unit is an existing unit other than anelectric utility steam generating unit, theowner or operator shall submit a report tothe department if the annual emissions, intons per year, from the project identified inParagraph (1) of this subsection, exceed thebaseline actual emissions (as documentedand maintained pursuant to Subparagraph(c) of Paragraph (1) of this subsection) by asignificant amount (as defined in 20.2.74.7NMAC) for that regulated new sourcereview pollutant, and if such emissionsdiffer from the preconstruction projectionas documented and maintained pursuant toSubparagraph (c) of Paragraph (1) of thissubsection. Such report shall be submittedto the department within 60 days after theend of such year. The report shall containthe following:(a)the name, address and telephonenumber of !he major stationary source;(b)the annual emissions as calculatedpursuant to Paragraph (3) of this49Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementssubsection; and(c)any other information that the owner oroperator wishes to include in the report(e.g., an explanation as to why theemissions differ from thepreconstruction projection);(6)a "reasonable possibility" under thissubsection (Subsection E of 20.2.74.300NMAC) occurs when the owner or operatorcalculates the project to result in either:(a)a projected actual emissions increaseof at least 50 percent of the amountthat is a “significant emissionsincrease," as defined under SubsectionAX of 20.2.74.7 NMAC (withoutreference to the amount that is asignificant net emissions increase) forthe regulated NSR pollutant; or(b)a projected actual emissions increasethat, added to the amount of emissionsexcluded under Paragraph (3) ofSubsection AR of 20.2.74.7 NMAC,sums to at least 50 percent of theamount that is a "significant emissionsincrease" as defined under SubsectionAX of 20.2.74.7 NMAC (withoutreference to the amount that is asignificant net emissions increase), forthe regulated NSR pollutant; for aproject for which a reasonablepossibility occurs only within themeaning under this subparagraph(Subparagraph (b) of Paragraph (6) ofSubsection E of 20.2.74.300 NMAC),and not also within the meaning of50Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsSubparagraph (a) under this paragraph(Paragraph (6) of Subsection E of20,2.74.300 NMAC), then theprovisions in Paragraphs (2) through(5) under this subsection (Subsection Eof 20.2.74.300 NMAC) do not apply tothe project.F.The owner or operator of the source shall makethe information required to be documented andmaintained pursuant to Subsection E of thissection available for review upon request forinspection by the department or the generalpublic pursuant to the requirements containedin 40 CFR 70.4(b)(3)(viii).No Change No change to the existing SIP-approved language.20.2.74.303 AMBIENT IMPACTREQUIREMENTS:20.2.74.303 AMBIENT IMPACTREQUIREMENTS:No change to the existing SIP-approved language.A.The requirements of this section shall apply toeach pollutant emitted by a new majorstationary source or major modification inamounts equal to or greater than those in Table2 of this Part (20.2.74.502 NMAC). Forparticulate matter, the source will only berequired to perform ambient impact analysisfor PM10 when the source has the potential toemit significant amounts of PM10 (Table 2,20.2.74.502 NMAC).A.The requirements of this section shall apply toeach pollutant emitted by a new majorstationary source or major modification inamounts equal to or greater than those in Table2 of this Part (20.2,74.502 NMAC). Forparticulate matterPM10, the source will only berequired to perform ambient impact analysis forPM10when the source has the potential to emitsignificant amounts of PM10(Table 2,20.2.74.502 NMAC). For PM2.5, thedemonstration required in Subsection B of20.2.74.303 NMAC is deemed to have beenmade if the emissions increases from the newstationary source alone or from the modificationalone would cause, in all areas, air qualityimpacts less than 0.06 micrograms per cubicmeter (annual average) and 0.07 microgramsper cubic meter (24-hour average) for Class Ifederal areas and 0.3 micrograms per cubicSubmitted revisions are consistent with theprovisions at 51.166(k)(2), promulgated by EPA onOctober 20, 2010.However, the PM2.5SILs are currently the subjectof litigation before the U.S. Court of Appeals.(Sierra Club v. EPA, Case No 10-1413, D.C.Circuit). In our April 6, 2012 Brief to the Court inresponse to that litigation, EPA has requested thatthe Court remand and vacate the regulatory text inthe EPA’s PSD regulations at paragraphs51.166(k)(2) and 52.21(k)(2) so that EPA can makenecessary rulemaking revisions to that text.EPA stated in the preamble to the PM2.5PSDIncrement-SILs-SMC Rule that we do not considerthe SILs to be a mandatory SIP element, but regardthem as discretionary on the part of regulatingauthority for use in the PSD permitting process. In51Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsmeter (annual average) and 1.2 micrograms percubic meter (24 hour average for Class II andClass III federal areas.light of EPA’s request for remand and vacatur, andthe agency’s acknowledgement of the need torevise the regulatory text presently contained atparagraph (k)(2) of sections 51.166 and 52.21, EPAdoes not believe that it is appropriate at this time toapprove that portion of the State’s implementationplan revision that contains the affected regulatorytext in the State’s PSD regulations. Therefore, weare severing the revisions at 20.2.74.303(A) NMACfrom the remainder of our action.The NMED continues to implement the SILs,including the PM2.5SILs through the authority at51.165(b); which is adopted in the NMAC at20.2.79.119 for Class II and III areas.Because we are severing and taking no action onthe revisions submitted on May 23, 2011, thelanguage at 20.2.74.303(A) that was approved byEPA on July 20, 2011 will remain in the SIP.Note that the revisions to 20.2.74.303(A) that weresubmitted on May 23, 2011, will remain beforeEPA for review. EPA will revisit these submittedprovisions following the court’s decision on EPA’srequest for remand with vacatur or EPA initiatesrulemaking to correct 51.166(k)(2).B.The allowable emission increases from theproposed source or modification, includingsecondary emissions, in conjunction with allother applicable emissions increases orreductions, including secondary emissions,shall not cause or contribute to air pollution inviolation of:(1) Any National Ambient Air QualityNo Change No change to the existing SIP-approved language.52Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsStandard in any location; or(2) Any applicable maximum allowableincrease as shown in Table 4 of this Part(20.2.74.504 NMAC) over the baselineconcentrations in any area.(3) The owner or operator of the proposedmajor stationary source or major modificationshall demonstrate that neither paragraph (1)nor paragraph (2) of 20.2.74.303 NMAC willoccur.20.2.74.306 MONITORING REQUIREMENTS: 20.2.74.306 MONITORING REQUIREMENTS: No change to the existing SIP-approved language.A.Any application for a permit under this Partshall contain an analysis of ambient air quality.Air quality data can be that measured by theapplicant or that available from a governmentagency in the area affected by the majorstationary source or major modification. Theanalysis shall contain the following:(1) For a major stationary source, eachpollutant for which the potential to emit isequal to or greater than the significant emissionrates as listed in Table 2 of this Part(20.2.74.502 NMAC); or(2) For a major modification, each pollutantthat would result in a significant net emissionincrease.No Change No change to the existing SIP-approved language.B.If no National Ambient Air Quality Standard(NAAQS) for a pollutant exists, and there is anacceptable method formonitoring thatpollutant, the analysis shall contain such airquality monitoring data as the Departmentdetermines is necessary to assess ambient airquality for that pollutant.No Change No change to the existing SIP-approved language.C.Continuous air quality monitoring data shall berequired for all pollutants for which a NationalNo Change No change to the existing SIP-approved language.53Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsAmbient Air Quality Standard exists. Suchdata shall be submitted to the Department forat least the one (1) year period prior to receiptof the permit application. The Department hasthe discretion to:(1) Determine that a complete and adequateanalysis can be accomplished with monitoringdata gathered over a period shorter than oneyear but not less than four months; or(2) Determine that existing air qualitymonitoring data is representative of air qualityin the affected area andaccept such data in lieuof additional monitoring by the applicant.D.Ozone monitoring shall be performed ifmonitoring data is required for volatile organiccompounds. Post construction ozonemonitoring data may be submitted in lieu ofproviding preconstruction data as requiredunder subsection C of 20.2.74.306 NMAC ifthe owner or operator of the proposed majorsource or major modification satisfies all theprovisions of 40 CFR Part 51, Appendix S,Section IV.No Change No change to the existing SIP-approved language.E.The Department may require monitoring ofvisibility in any Class I Federal area where theDepartment determines that an adverse impacton visibility may occur due primarily to theoperations of the proposed new source ormodification. Such monitoring shall beconducted following procedures approved bythe Department and subject to the following:(1) Visibility monitoring methods specified bythe Department shall be reasonably availableand not require any research and development;andNo Change No change to the existing SIP-approved language.54Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements(2) The cost of visibility monitoring requiredby the Department shall not exceed fiftypercent (50%) of the cost of ambientmonitoring required by this Part. If ambientmonitoring is not required, the cost shall beestimated as if it were required for eachpollutant to which this Part applies.(3) Both preconstruction and post constructionvisibility monitoring may be required. In eachcase, the duration of such monitoring shall notexceed one (1) year.F.The owner or operator of a major stationarysource or major modification shall conductpost construction ambient monitoring as theDepartment determines is necessary to validateattainment of ambient air quality standards andto assure that increments are not exceeded.No Change No change to the existing SIP-approved language.G.The owner or operator of a major stationarysource or major modification shall meet therequirements of 40 CFR 58, Appendix Bduring the operation of monitoring stations forpurposes of satisfying the requirements of thissection.No Change No change to the existing SIP-approved language.H.The Department has the discretion to exempt astationary source or modification from therequirements of this section with respect tomonitoring for a particular pollutant if theemissions of the pollutant from the new sourceor the net emissions increase of the pollutantfrom the modification would cause, in anyarea, increases in ambient concentrations lessthan the levels listed in Table 3 of this Part(20.2.74.503 NMAC).No Change No change to the existing SIP-approved language.I.The Department shall exempt a stationarysource or modification from the requirementsI.The department shall exempt a stationary sourceor modification from the requirements of thisRevisions are made to implement the PM2.5Significant Monitoring Concentrations at55Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsof this section with respect to preconstructionmonitoring for a particular pollutant if:(1) For ozone, volatile organic compoundemissions are less than one hundred (100) tonsper year; or(2) The air pollutant is not a regulatedpollutant; or(3) The existing ambient concentrations of thepollutant in the area affected by the source ormodification are less than the concentrationslisted in Table 3 of this Part (20.2.74.503NMAC).section with respect to preconstructionmonitoring for a particular pollutant if:(1)for ozone, volatile organic compoundemissions are less than one hundred (100)tons per year; or(2)the air pollutant is not a regulated pollutant;or(3)the existing ambient concentrations of thepollutant in the area affected bythatthesource or modification would affectare lessthan the concentrations listed in Table 3 ofthis part (20.2.74.503 NMAC); or(4)the pollutant is not listed in Table 3 of thisPart (20.2.74.503 NMAC).20.2.74.503 NMAC, promulgated by EPA onOctober 20, 2010.The revisions to 20.2.74.303(I)(3) and (4) NMACare consistent with 40CFR 51.166(i)(5)(ii) and(iii).Revisions are approvable.20.2.74.403 ADDITIONAL REQUIREMENTSFOR SOURCES IMPACTING CLASS IFEDERAL AREAS:20.2.74.403 ADDITIONAL REQUIREMENTSFOR SOURCES IMPACTING CLASS IFEDERAL AREAS:No change to the existing SIP-approved language.A.The Department shall transmit to theAdministrator and the Federal Land Manager acopy of each permit application relating to amajor stationary source or major modificationproposing to locate within one hundred (100)kilometers of any Class I Federal area. Thecomplete permit application shall betransmitted within thirty(30) days of receiptand sixty (60) days prior to any public hearingon the application. The Department shallinclude all relevant information in the permitapplication. Relevant information shallinclude an analysis ofthe proposed source'santicipated impacts on visibility in the Class IFederal area. The Department shall consultwith all affected Federal Land Managers as tothe completeness of the permit application andshall consider any analysis performed by theNo Change No change to the existing SIP-approved language.56Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsFederal Land Manager concerning the impactof the proposed major stationary source ormajor modification on air quality relatedvalues. This consideration shall includevisibility, if such analysis is received withinthirty (30) days after the Federal LandManager receives a copy of the completeapplication. Additionally, the Departmentshall notify any affected Federal LandManager within thirty days (30) from the datethe Department receives a request for a preapplication meeting from a proposed sourcesubject to this Part. Notice shall be provided tothe Administrator and Federal Land Managerof every action related to the consideration ofsuch permit. The department shall alsoprovide the Federal Land Manager and theAdministrator with a copy of the preliminarydetermination required under 20.2.74.400NMAC and shall make available to them anymaterials used in making that determination.In any case where the Department disagreeswith the Federal Land Manager's analysis ofsource impact on air quality related values, theDepartment shall, either explain its decision orgive notice to the Federal Land Manager as towhere the explanation can be obtained. In thecase where the Department disagrees with theFederal Land Managers' analysis, theDepartment will also explain its decision orgive notice to the public by advertisement in anewspaper of general circulation in the area inwhich the proposed source would beconstructed, as to where the decision can beobtained.57Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsB.The Department shall transmit to air qualitycontrol agencies of neighboring states andIndian governing bodies a copy of each permitapplication having the potential to affect ClassI Federal areas or increment consumption inareas under their jurisdiction. The Departmentshall also provide the affected air qualitycontrol agencies and Indian governing bodieswith a copy of the preliminary determinationrequired under 20.2.74.400 NMAC and shallmake available to them any materials used inmaking that determination. The Departmentshall include a provision for a sixty (60) daycomment period for the Federal LandManagers before any public hearing on apermit application is held.No Change No change to the existing SIP-approved language.C.Federal Land Managers may demonstrate tothe Department that emissions from a proposedsource or modification would have an adverseimpact on air quality related values, includingvisibility, of any Class I Federal lands undertheir jurisdiction. This may be done eventhough the change in air quality resulting fromemissions from the proposed source ormodification would not cause or contribute toconcentrations which would exceed themaximum allowable increases for a Class IFederal area. If the Department concurs withthis demonstration, then the source shall not beissued a permit.No Change No change to the existing SIP-approved language.D.Class I Waivers: The owner or operator of aproposed source or modification maydemonstrate to the Federal Land Manager thatthe emissions from a proposed source ormodification would have no adverse impact onD.Class I waivers: The owner or operator of aproposed source or modification maydemonstrate to the federal land manager that theemissions from a proposed source ormodification would have no adverse impact onRevisions made to implement the PM2.5incrementpromulgated on October 20, 2010.Revisions to 20.2.74.403(D) NMAC are consistentwith 40 CFR 51.166(p)(4).58Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsair quality related values, including visibility,of Class I Federal lands under his or herjurisdiction. This may be done even thoughthe change in air quality resulting fromemissions from such source or modificationwould cause or contribute to concentrationswhich would exceed the maximum allowableincreases for a Class I Federal area. If theFederal Land Manager concurs with suchdemonstration and so certifies to theDepartment, the Department may grant awaiver from such maximum allowableincreases. Emission limitations must beincluded in the permit as necessary to assurethat emissions of sulfur dioxide, particulatematter, and nitrogen oxides would not exceedthe maximum allowable increases over minorsource baseline concentrations shown in Table5 of this Part (20.2.74.505 NMAC).air quality related values, including visibility, ofClass I federal lands under his or herjurisdiction. This may he done even though thechange in air quality resulting from emissionsfrom such source or modification would causeor contribute to concentrations which wouldexceed the maximum allowable increases for aClass I federal area. If the federal land managerconcurs with such demonstration and socertifies to the department, the department maygrant a waiver from such maximum allowableincreases. Emission limitations must beincluded in the permit as necessary to assurethat emissions of sulfur dioxide, particulatematterPM10, PM2.5, and nitrogen oxides wouldnot exceed the maximum allowable increasesover minor source baseline concentrationsshown in Table 5 of this part (20.2.74.505NMAC).Revisions are approvable.E.For the case where the Federal Land Managerdoes not perform an impact analysis withrespect to visibility impairment in a Class IFederal area, the Department may performsuch an analysis. The Department shall notissue the source a permit if the Departmentdetermines that an adverse impact on visibilitywould occur. The adverse impact must be due,primarily, to the operation of the proposedsource or modification.No Change No change to the existing SIP-approved language.F.Sulfur Dioxide Waiver by Governor: Theowner or operator of a proposed majorstationary source or major modification, whichcannot be approved under subsection D of20.2.74.403 NMAC, may demonstrate to theGovernor that the source cannot be constructedNo Change No change to the existing SIP-approved language.59Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsby reason of an exceedance of a maximumallowable increase for a Class I Federal areafor sulfur dioxide for a period of twenty-four(24) hours or less. The owner or operator mayalso demonstrate that a waiver from thisrequirement would not adversely affect the airquality related values of the Class I Federalarea. The Governor, after consideration of theFederal Land Manager's recommendation andsubject to his concurrence, may, after noticeand public hearing, grant a waiver from suchmaximum allowable increase. If the waiver isgranted, the Department shall issue a permit tothe owner or operator of the source ormodification. Any owner or operator of asource or modification who obtains a permitunder this section shall comply with sulfurdioxide emissions limitations. Theselimitations do not allow increases of ambientconcentrations, above the baselineconcentration, to exceed the levels found inTable 6 of this Part (20.2.74.506 NMAC) forperiods of twenty-four (24) hours or less formore than eighteen (18) days, not necessarilyconsecutive, in any annual period.G.Sulfur Dioxide Waiver by Governor with thePresident's Concurrence. In any case wherethe Governor recommends a waiver in whichthe Federal Land Manager does not concur, therecommendations of the Governor and theFederal Land Manager shall be transmitted tothe President through the office of theGovernor. If the President so directs, theDepartment shall issue the permit. Any sourceor modification that obtains a permit under thisNo Change No change to the existing SIP-approved language.60Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementssection shall comply with sulfur dioxideemissions limitations. These limitations do notallow increases in ambient concentrations,above the baseline concentration, to exceed thelevels found in Table 6 of this Part(20.2.74.506 NMAC) for periods of twentyfour (24) hours or less for more than eighteen(18) days, not necessarily consecutive, in anyannual period.20.2.74.502 TABLE 2 - SIGNIFICANTEMISSION RATES:Pollutant Emission Rate(Tons/YR)Carbon Monoxide100Fluorides 3Lead 0.6Municipal wastecombustor:Acid gases(measured as sulfurdioxide andhydrogen chloride)Metals (measured asparticulate matterOrganics (measuredas total tetra- throughocta-chlorinateddibenzo-p-dioxinsand dibenzofurans)40 (36 megagrams/yr)15 (14megagrams/year)0.0000035 (0.0000032megagrams/yr)Nitrogen oxides40Ozone (VolatileOrganic Compoundsor nitrogen oxides)40Particulate MatterParticulate Matter2520.2.74.502 TABLE 2 - SIGNIFICANTEMISSION RATES:Pollutant Emission Rate(Tons/YR)Carbon Monoxide100Fluorides 3Lead 0.6Municipal wastecombustor:Acid gases(measured as sulfurdioxide andhydrogen chloride)Metals (measured asparticulate matterOrganics (measuredas total tetra- throughocta-chlorinateddibenzo-p-dioxinsand dibenzofurans)40 (36 megagrams/yr)15 (14megagrams/year)0.0000035 (0.0000032megagrams/yr)Nitrogen oxides40Ozone (VolatileOrganic Compoundsor nitrogen oxides)40Particulate MatterParticulate Matter25Revisions made to identify PM2.5and PM2.5precursors as regulated NSR pollutants and identifythe PM2.5SERs as promulgated by EPA on May 16,2008.Revisions are consistent with 40 CFR51.166(b)(23)(i) for PM2.5.Revisions for PM2.5are approvable.61Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsEmissionsPM10 Emissions15Sulfur CompoundsHydrogen sulfide(H2S)Reduced sulfurcompounds (incl.H2S)Sulfur dioxideSulfuric acid mistTotal reduced sulfur(incl. H2S)101040710Any other pollutantregulated under theAct that is not listed inthis tableAny emission rateEach regulatedpollutantEmission rate or netemissions increaseassociated with amajor stationarysource or majormodification thatcauses an air qualityimpact of onemicrogram per cubicmeter or greater (24-hraverage) in any Class IFederal area locatedwithin 10 km of thesource.EmissionsPM10 Emissions15Particulate Matter2.5Direct PM2.5EmissionsSulfur dioxideemissionsNitrogen oxideemissions (unlessdemonstrated not tobe a PM2.5precursorunder Subsection ASof 20.2.74.7 NMAC)104040Sulfur CompoundsHydrogen sulfide(H2S)Reduced sulfurcompounds (incl.H2S)Sulfur dioxideSulfuric acid mistTotal reduced sulfur(incl. H2S)101040710Any other pollutantregulated under theAct that is not listed inthis tableAny emission rateEach regulatedpollutantEmission rate or netemissions increaseassociated with amajor stationarysource or majormodification thatcauses an air qualityimpact of one62Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirementsmicrogram per cubicmeter or greater (24-hraverage) in any Class IFederal area locatedwithin 10 km of thesource.20.2.74.503 TABLE 3 - SIGNIFICANTMONITORING CONCENTRATIONS.Pollutant Air QualityConcentrationMicrogramper cubicmeter(g/m3)AveragingTimeCarbonmonoxide575 8 hoursFluorides 0.25 24 hoursLead 0.1 3 monthsNitrogendioxide14 AnnualOzone bParticulateMatter(PM10)10 24 hoursSulfurcompoundsHydrogensulfide(H2S)Reducedsulfurcompounds(incl. H2S)0.20101 hour1 hour20.2.74.503 TABLE 3 - SIGNIFICANTMONITORING CONCENTRATIONS.Pollutant Air QualityConcentrationMicrogramper cubicmeter(g/m3)AveragingTimeCarbonmonoxide575 8 hoursFluorides 0.25 24 hoursLead 0.1 3 monthsNitrogendioxide14 AnnualOzone bParticulateMatter(PM10)10 24 hoursPM2.5424hoursSulfurcompoundsHydrogensulfide(H2S)Reducedsulfurcompounds0.20101 hour1 hourRevisions made to implement the PM2.5SMCpromulgated by EPA on October 20, 2010. EPAnotes SMC are also subject of the ongoing litigationwith Sierra Club. In our April 6, 2012 Brief to theCourt, EPA affirms its use of SMC is firmlygrounded in its inherent authority to adoptdeminimisexemptions and is a reasonableinterpretation of CAA 165(e)(2).Revisions are consistent with 40 CFR51.166(i)(5)(i).Revisions are approvable.63Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsSulfurdioxideSulfuricacid mistTotalreducedsulfur(incl. H2S)13a1024 hours1 houra – No acceptable monitoring techniquesavailable at this time. Therefore,monitoring is not required untilacceptable techniques are available.b – No de minimis air quality level isprovided for ozone. However, any netincrease of 100 tons per year or more ofvolatile organic compounds or nitrogenoxidessubject to PSD would be requiredto perform an ambient impact analysis,including the gathering of ambient airquality data.(incl. H2S)SulfurdioxideSulfuricacid mistTotalreducedsulfur(incl. H2S)13a1024 hours1 houra – No acceptable monitoring techniquesavailable at this time. Therefore,monitoring is not required untilacceptable techniques are available.b – No de minimis air quality level isprovided for ozone. However, any netincrease of 100 tons per year or more ofvolatile organic compounds or nitrogenoxidessubject to PSD would be requiredto perform an ambient impact analysis,including the gathering of ambient airquality data.20.2.74.504 TABLE 4 - ALLOWABLE PSDINCREMENTS:Micrograms per cubicmeter (g/m3)ClassIClassIIClassIIINitrogenDioxideannualarithmeticmean2.5 25 50ParticulateMatterPM10,20.2.74.504 TABLE 4 - ALLOWABLE PSDINCREMENTS:Micrograms per cubicmeter (g/m3)ClassIClassIIClassIIINitrogenDioxideannualarithmeticmean2.5 25 50ParticulateMatterPM10, annual41734Revisions made to implement the PM2.5incrementspromulgated by EPA on October 20, 2010.Revisions consistent with 40 CFR 51.166(c)(1).Revisions are approvable.64Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsannualarithmeticmeanPM10, 24-hourmaximum48a1730a3460aSulfurDioxideAnnualarithmeticmean24-hourmaximum3-hourmaximum25a25a2091a512a40182a700aa – Not to be exceeded more than onceper year.arithmeticmeanPM10, 24-hourmaximumPM2.5, annualarithmeticmean8a130a460a8PM2.5, 24-hourmaximum2a9a18aSulfurDioxideAnnualarithmeticmean24-hourmaximum3-hourmaximum25a25a2091a512a40182a700aa – Not to be exceeded more than onceper year.20.2.74.505 TABLE 5 - MAXIMUMALLOWABLE INCREASES FOR CLASS IWAIVERS:Micrograms per cubicmeter (g/m3)Nitrogen Dioxideannual arithmeticmean25Particulate MatterPM10, annualarithmetic meanPM10, 24-hourmaximum1730Sulfur Dioxide20.2.74.505 TABLE 5 - MAXIMUMALLOWABLE INCREASES FOR CLASS IWAIVERS:Micrograms per cubicmeter (g/m3)Nitrogen Dioxideannual arithmeticmean25Particulate MatterPM10, annualarithmetic meanPM10, 24-hourmaximumPM2.5, annual17304Revisions made to implement the PM2.5incrementspromulgated by EPA on October 20, 2010.Revisions are consistent with 40 CFR 51.166(p)(4).Revisions are approvable.65Existing NM SIPApproved by EPA on July 20, 201176 FR 43149Revisions to 20.2.74 NMAC Submitted May 23,2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal RequirementsAnnual arithmeticmean24-hour maximum3-hour maximum2091325arithmetic meanPM2.5, 24-hourmaximum9Sulfur DioxideAnnual arithmeticmean24-hour maximum3-hour maximum2091325

# 66 

# III.D. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the

federal requirements for NNSR Permit Programs

On September 5, 2007, at 72 FR 50879, EPA SIP- approved amendments to 20.2.79 NMAC that

were adopted on December 6, 2005 to implement th e NSR Reform Provisions. Subsequent to the

revisions adopted on December 6, 2005, the NMED adopted revisions to 20.2.79 NMAC on July

31, 2009, effective August 31, 2009; and May 3, 2011, effective June 3, 2011. These revisions

were submitted as separate revisions to the New Mexico SIP. New Mexico Governor Bill

Richardson submitted the revisions adopted on July 31, 2009, on June 11, 2009. New Mexico

Governor Susana Martinez submitted the revisions adopted on May 3, 2011, on May 23, 2011.

The following tables evaluate the revisions to 20.2.79 NMAC submitted on June 11, 2009, and

May 23, 2011. These revisions intend to addres s the requirements of the November 29, 2005

Phase 2 8-hour Ozone Implementation Rule, and the May 2008 and October 2010 PM 2.5



# PSD/NNSR Implementation Rules, and the December 21, 2007 Reasonable Possibility in

Recordkeeping Rules.

The following tables will provi de a comparison of the existing SIP-approved language, the

revised language and any applicab le federal requirements – along with an analysis of whether the

submitted revisions are approvable into the New Mexico NNSR SIP. Note that the June 11, 2009

submittal revised three sections of 20.2.79 NM AC; specifically Sections 7, 109 and 115. The

May 23, 2011 submittal revised 3 sections of 20.2.79 NMAC; specifically Sections 7, 109 and

119. The following table presents and analyzes only revisions to th ese sections of 20.2.79

NMAC. The remaining sections are unchanged fro m the version most recently SIP-approved by

EPA.67Table III.D.1 – Evaluation of June 11, 2009 and May 23, 2011 Revisions to 20.2.79.7 NMACExisting NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements20.2.79.7 – Definitions: In addition tothe terms defined in 20.2.2 NMAC(Definitions), as used in this part, thefollowing terms apply.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.A.“Actual emissions”means theactual rate of emissions of aregulated new source reviewpollutant from an emissions unit,as determined in accordance withthe following, except that thisdefinition shall not apply forcalculating whether a significantemissions increase has occurred,or for establishing a plantwideapplicability limit under20.2.79.120 NMAC. Instead,Subsections E and AI of thissection shall apply for thosepurposes.(1)In general, actual emissionsas of a particular date shallequal the average rate, intons per year, at which theunit actually emitted thepollutant during aconsecutive 24-month periodwhich precedes theparticular date and which isrepresentative of normalsource operation. Thedepartment shall allow theNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.68Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsuse of a different time periodupon a determination that itis more representative ofnormal source operation.Actual emissions shall becalculated using the unit'sactual operating hours,production rates, and typesof materials processed,stored, or combusted duringthe selected time period.(2)The department maypresume that source-specificallowable emissions for theunit are equivalent to theactual emissions of the unit.(3)For any emissions unit thathas not begun normaloperations on the particulardate, actual emissions shallequal the potential to emit ofthe unit on that date.B.“Administrator”means theadministrator of the U.S.Environmental ProtectionAgency (EPA) or an authorizedrepresentative.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.C.“Adverse impact onvisibility”means visibilityimpairment which interferes withthe management, protection,preservation, or enjoyment of thevisitor's visual experience of themandatory federal class I area.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.69Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsThis determination must bemade on a case-by-case basistaking into account thegeographic extent, intensity,duration, frequency, and time ofthe visibility impairments andhow these factors correlate with:1) times of visitor use of themandatory federal class I area;and 2) the frequency and timingof natural conditions that reducevisibility. This term does notinclude effects on integral vistasas defined in 40 CFR 51.301Definitions.D.“Allowable emissions”meansthe emissions rate of a stationarysource calculated using themaximum rated capacity of thesource (unless the source issubject to federally enforceablelimits which restrict the operatingrate, or hours of operation, orboth) and the most stringent ofthe following:(1)the applicable standard setforth in 40 CFR Part 60 or61;(2)any applicable stateimplementation planemissions limitationincluding those with a futurecompliance date; or(3)the emissions rate specifiedNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.70Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsas a federally enforceablepermit condition, includingthose with a futurecompliance date.E.“Baseline actualemissions”means the rate ofemissions, in tons per year, of aregulated new source reviewpollutant, as determined inaccordance withthe following.(1)For any existing electricutility steam generating unit,baseline actual emissionsmeans the average rate, intons per year, at which theunit actually emitted thepollutant during anyconsecutive 24-month periodselected by the owner oroperator within the 5-yearperiod immediatelypreceding when the owner oroperator begins actualconstruction of the project.The department shall allowthe use of a different timeperiod upon a determinationthat it is more representativeof normal source operation.(a)The average rate shallinclude fugitiveemissions to the extentquantifiable, andemissions associatedNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.71Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementswith startups,shutdowns, andmalfunctions.(b)The average rate shallbe adjusted downwardto exclude anynoncompliant emissionsthat occurred while thesource was operatingabove any emissionlimitation that waslegally enforceableduring the consecutive24-month period.(c)For a regulated newsource review pollutant,when a project involvesmultiple emissionsunits, only oneconsecutive 24-monthperiod must be used todetermine the baselineactual emissions for theemissions units beingchanged. A differentconsecutive 24-monthperiod can be used foreach regulated newsource review pollutant.(d)The average rate shallnot be based on anyconsecutive 24-monthperiod for which there isinadequate information72Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsfor determining annualemissions, in tons peryear, and for adjustingthis amount if requiredby Subparagraph (b) ofParagraph (1) of thissubsection.(2)For an existing emissionsunit (other than an electricutility steam generatingunit), baseline actualemissions means the averagerate, in tons per year, atwhich the emissions unitactually emitted the pollutantduring any consecutive 24-month period selected by theowner or operator within the10-year period immediatelypreceding either the date theowner or operator beginsactual construction of theproject, or the date acomplete permit applicationis received by thedepartment for a permitrequired either under thissection or under a planapproved by theadministrator, whichever isearlier, except that the 10-year period shall not includeany period earlier thanNovember 15, 1990.73Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements(a)The average rate shallinclude fugitiveemissions to the extentquantifiable, andemissions associatedwith startups,shutdowns, andmalfunctions.(b)The average rate shallbe adjusted downwardto exclude anynoncompliant emissionsthat occurred while thesource was operatingabove an emissionlimitation that waslegally enforceableduring the consecutive24-month period.(c)The average rate shallbe adjusted downwardto exclude anyemissions that wouldhave exceeded anemission limitation withwhich the majorstationary source mustcurrently comply, hadsuch major stationarysource been required tocomply with suchlimitations during theconsecutive 24-monthperiod. However, if an74Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsemission limitation ispart of a maximumachievable controltechnology standard thatthe administratorproposed orpromulgated under 40CFR Part 63, thebaseline actualemissions need only beadjusted if the state hastaken credit for suchemissions reductions inan attainmentdemonstration ormaintenance planconsistent with therequirements ofSubsection D of20.2.79.115 NMAC.(d)For a regulated newsource review pollutant,when a project involvesmultiple emissionsunits, only oneconsecutive 24-monthperiod must be used todetermine the baselineactual emissions for theemissions units beingchanged. A differentconsecutive 24-monthperiod can be used foreach regulated new75Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssource review pollutant.(e)The average rate shallnot be based on anyconsecutive 24-monthperiod for which there isinadequate informationfor determining annualemissions, in tons peryear, and for adjustingthis amount if requiredby Subparagraphs (b)and (c) of Paragraph (2)of this subsection.(3)For a new emissions unit, thebaseline actual emissions forpurposes of determining theemissions increase that willresult from the initialconstruction and operationof such unit shall equal zero;and thereafter, for all otherpurposes, shall equal theunit's potential to emit.(4)For a plantwide applicabilitylimit for a major stationarysource, the baseline actualemissions shall be calculatedfor existing electric utilitysteam generating units inaccordance with theprocedures contained inParagraph (1) of thissubsection, for other existingemissions units in76Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsaccordance with theprocedures contained inParagraph (2) of thissubsection, and for a newemissions unit in accordancewith the procedurescontained in Paragraph (3) ofthis subsection.F.“Begin actualconstruction”means in general,initiation of physical on-siteconstruction activities on anemissions unit which are of apermanent nature. Suchactivities include, but are notlimited to, installation of buildingsupport and foundations, layingof underground pipework, andconstruction of permanentstorage structures. With respectto a change in method ofoperating this term refers to thoseon-site activities other thanpreparatory activities which markthe initiation of the change.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.G.“Best available controltechnology (BACT)”means anemissions limitation (including avisible emissions standard) basedon the maximum degree ofreduction for each regulated newsource review pollutant whichwould be emitted from anyproposed major stationary sourceNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.77Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsor major modification which thedepartment, on a case-by-casebasis, taking into account energy,environmental, and economicimpacts and other costs,determines is achievable for suchsource or modification throughapplication of productionprocesses or available methods,systems, and techniques,including fuel cleaning, cleanfuels, or treatment or innovativefuel combustion techniques forcontrol of such pollutant. In noevent shall application of bestavailable control technologyresult in emissions of anypollutant which would exceed theemissions allowed by anyapplicable standard under 40CFR Part 60 or 61. If thedepartment determines thattechnological or economiclimitations on the application ofmeasurement methodology to aparticular emissions unit wouldmake the imposition of anemissions standard infeasible, adesign, equipment, workpractice, operational standard, orcombination thereof, may beprescribed instead to satisfy therequirement for the application ofBACT. Such standard shall, to78Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsthe degree possible, set forth theemissions reduction achievableby implementation of suchdesign, equipment, work practiceor operation, and shall providefor compliance by means whichachieve equivalent results.H.“Building, structure, facility, orinstallation”means all of thepollutant-emitting activitieswhich belong to the sameindustrial grouping, are locatedon one or more contiguous oradjacent properties, and are underthe control of the same person (orpersons under common control).Pollutant-emitting activities shallbe considered as part of the sameindustrial grouping if they belongto the same “major group” (i.e.,which have the same two-digitcode) as described in the standardindustrial classification manual,1972, as amended by the 1977supplement (U.S. governmentprinting office stock numbers4101-0066 and 003-005-00176-0,respectively).NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.I.“Commence”as applied toconstruction of a major stationarysource or major modificationmeans that the owner or operatorhas all necessary preconstructionapprovals or permits and eitherNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.79Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementshas:(1)begun, or caused to begin, acontinuous program ofactual on-site construction ofthe source, to be completedwithin a reasonable time; or(2)entered into bindingagreements or contractualobligations, which cannot becancelled or modifiedwithout substantial loss tothe owner or operator, toundertake a program ofactual construction of thesource to be completedwithin a reasonable time.J.“Construction”means anyphysical change or change in themethod of operation (includingfabrication, erection, installation,demolition, or modification of anemissions unit) which wouldresult in a change in actualemissions.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.K.“Continuous emissionsmonitoring system”(CEMS)means all of the equipment thatmay be required to meet the dataacquisition and availabilityrequirements of this section, tosample, condition (if applicable),analyze, and provide a record ofemissions on a continuous basis.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.L.“Continuous emissions rateNO CHANGE NO CHANGE No changes submitted to the existing80Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsmonitoring system”(CERMS)means the total equipmentrequired for the determinationand recording of the pollutantmass emissions rate (in terms ofmass per unit of time).SIP-approved regulations.M.“Continuous parametermonitoring system”(CPMS)means all of the equipmentnecessary to meet the dataacquisition and availabilityrequirements of this section, tomonitor process and controldevice operational parameters(for example, control devicesecondary voltages and electriccurrents) and other information(for example, gas flow rate,oxygen or carbon dioxideconcentrations), and to recordaverage operational parametervalue(s) on a continuous basis.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.N.“Electric utility steamgenerating unit”means anysteam electric generating unit thatis constructed for the purpose ofsupplying more than one-third ofits potential electric outputcapacity and more than 25megawatts electrical output to anyutility power distribution systemfor sale. Any steam supplied to asteam distribution system for thepurpose of providing steam to aNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.81Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssteam-electric generator thatwould produce electrical energyfor sale is also considered indetermining the electrical energyoutput capacity of the affectedfacility.O.“Emissions unit”means anypart of a stationary source thatemits or would have the potentialto emit any regulated new sourcereview pollutant and includes anelectric steam generating unit asdefined in Subsection N of thissection. For purposes of thissection, there are two types ofemissions units.(1)A new emissions unit is anyemissions unit which is (orwill be) newly constructedand which has existed forless than 2 years from thedate such emissions unit firstoperated.(2)An existing emissions unit isany emissions unit that doesnot meet the requirements inParagraph (1) of thissubsection. A replacementunit, as defined in thissection, is an existing unit.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.P.“Federal class I area”meansany Federal land that is classifiedor reclassified “class I”.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.Q.“Federal land manager”means, NO CHANGE NO CHANGE No changes submitted to the existing82Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementswith respect to any lands in theUnited States, the secretary of thedepartment with authority oversuch lands.SIP-approved regulations.R.“Federally enforceable”meansall limitations and conditionswhich are enforceable by theadministrator, including thoserequirements developed pursuantto 40 CFR Parts 60 and 61,requirements within anyapplicable state implementationplan, any permit requirementsestablished pursuant to 40 CFR52.21 or under regulationsapproved pursuant to 40 CFRPart 51, Subpart I including 40CFR 51.165 and 40 CFR 51.166.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.S.“Fugitive emissions”meansthose emissions which could notreasonably pass through a stack,chimney, vent, or otherfunctionally equivalent opening.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.T.“Lowest achievable emissionrate”means, for any source, themore stringent rate of emissionsbased on the following:(1)the most stringent emissionslimitation which is containedin the implementation planof any state for such class orcategory of stationarysource, unless the owner oroperator of the proposedNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.83Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsstationary sourcedemonstrates that suchlimitations are notachievable; or(2)the most stringent emissionslimitation which is achievedin practice by such class orcategory of stationarysource; this limitation, whenapplied to a modification,means the lowest achievableemissions rate for the new ormodified emissions unitswithin the stationary source;in no event shall theapplication of this termpermit a proposed new ormodified stationary source toemit any pollutant in excessof the amount allowableunder an applicable newsource standard ofperformance.U.“Major modification”meansany physical change in or changein the method of operation of amajor stationary source thatwould result in a significantemissions increase of a regulatednew source review pollutant (asdefined in this section); and asignificant net emissions increaseof that pollutant from the majorstationary source. AnyU.“Major modification”meansany physical change in or changein the method of operation of amajor stationary source thatwould result in a significantemissions increase of a regulatednew source review pollutant (asdefined in this section); and asignificant net emissions increaseof that pollutant from the majorstationary source. AnyNO CHANGE The new sections to the definition of“Major Modification” submitted inthe June 11, 2009 SIP submittal wereadopted by the NMED to implementthe Phase 2 Ozone ImplementationNNSR requirements, published.November 29, 2005 (70 FR 71698).The new provisions at20.2.79.7(U)(3) and (4) NMAC are84Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssignificant emissions increase (asdefined in this section) from anyemissions units or net emissionsincrease (as defined in thissection) at a major stationarysource that is significant forvolatile organic compounds oroxides of nitrogen shall beconsidered significant for ozone.(1)A physical change or changein the method of operationshall not include:(a)routine maintenance,repair, and replacement;(b)use of an alternative fuelor raw material byreason of an order underSection 2 (a) and (b) ofthe Energy Supply andEnvironmentalCoordination Act of1974 (or anysuperseding legislation)or by reason of a naturalgas curtailment planpursuant to the federalPower Act;(c)use of an alternative fuelby reason of an order orrule under Section 125of the federal Clean AirAct;(d)use of an alternative fuelat a steam generatingsignificant emissions increase (asdefined in this section) from anyemissions units or net emissionsincrease (as defined in thissection) at a major stationarysource that is significant forvolatile organic compounds oroxides of nitrogen shall beconsidered significant for ozone.(1).A physical change or changein the method of operationshall not include:(a)routine maintenance,repair, and replacement;(b)use of an alternative fuelor raw material byreason of an order underSection 2 (a) and (b) ofthe Energy Supply andEnvironmentalCoordination Act of1974 (or anysuperseding legislation)or by reason of a naturalgas curtailment planpursuant to the federalPower Act;(c)use of an alternative fuelby reason of an order orrule under Section 125of the federal Clean AirAct;(d)use of an alternative fuelat a steam generatingconsistent with the requirements at 40CFR 51.165(a)(1)(v)(E) and (F).These new provisions are approvable.85Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsunit to the extent thatthe fuel is generatedfrom municipal solidwaste;(e)use of an alternative fuelor raw material by astationary source which:1.the source wascapable ofaccommodatingbefore December21, 1976, unlesssuch changewould beprohibited underany federallyenforceablepermit conditionwhich wasestablished afterDecember 21,1976 pursuant to40 CFR 52.21 orunder regulationsapprovedpursuant to 40CFR 51.165 or 40CFR 51.166; or2.the source isapproved to useunder any permitissued under 40CFR 52.21 orunder regulationsunit to the extent thatthe fuel is generatedfrom municipal solidwaste;(e)use of an alternative fuelor raw material by astationary source which:i.the source wascapable ofaccommodatingbefore December21, 1976, unlesssuch changewould beprohibited underany federallyenforceablepermit conditionwhich wasestablished afterDecember 21,1976 pursuant to40 CFR 52.21 orunder regulationsapprovedpursuant to 40CFR 51.165 or 40CFR 51.166; orii.the source isapproved to useunder any permitissued under 40CFR 52.21 orunder regulations86Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsapprovedpursuant to 40CFR 51.166;(f)an increase in the hoursof operation or in theproduction rate, unlesssuch change would beprohibited under anyfederally enforceablepermit which wasestablished afterDecember 21, 1976,pursuant to 40 CFR52.21 or underregulations approvedpursuant to 40 CFR51.165 or 40 CFR51.166;(g)any change inownership at astationary source; or(h)the installation,operation, cessation, orremoval of a temporaryclean coal technologydemonstration project,provided that the projectcomplies with the stateimplementation plan forthe state in which isproject is located, andother requirementsnecessary to attain andmaintain the nationalapprovedpursuant to 40CFR 51.166;(f)an increase in the hoursof operation or in theproduction rate, unlesssuch change would beprohibited under anyfederally enforceablepermit which wasestablished afterDecember 21, 1976,pursuant to 40 CFR52.21 or underregulations approvedpursuant to 40 CFR51.165 or 40 CFR51.166;(g)any change inownership at astationary source; or(h)the installation,operation, cessation, orremoval of a temporaryclean coal technologydemonstration project,provided that the projectcomplies with the stateimplementation plan forthe state in which isproject is located, andother requirementsnecessary to attain andmaintain the national87Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsambient air qualitystandards during theproject and after it isterminated.(2)This definition shall notapply with respect to aparticular regulated newsource review pollutantwhen the major stationarysource is complying with therequirements under20.2.79.120 NMAC for aplantwide applicability limitfor that pollutant. Instead,the definition at Paragraph(8) of Subsection B of20.2.79.120 NMAC shallapply.ambient air qualitystandards during theproject and after it isterminated.(2).This definition shall notapply with respect to aparticular regulated newsource review pollutantwhen the major stationarysource is complying with therequirements under20.2.79.120 NMAC for aplantwide applicability limitfor that pollutant. Instead,the definition at Paragraph(8) of Subsection B of20.2.79.120 NMAC shallapply.(3).For purposes of applying therequirements of SubsectionH of 20.2.79.109 NMAC tomodifications at majorstationary sources ofnitrogen oxides located inozone nonattainment areasor in ozone transportregions, whether or notsubject to subpart 2, part D,title I of the federal CleanAir Act, any significant netemissions increase ofnitrogen oxides is consideredsignificant for ozone.(4).Any physical change in, or88Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementschange in the method ofoperation of a majorstationary source of volatileorganic compounds thatresults in any increase inemissions of volatile organiccompounds from anydiscrete operation, emissionsunit, or other pollutantemitting activity at thesource shall be considered asignificant net emissionsincrease and a majormodification for ozone, ifthe major stationary sourceis located in an extremeozone nonattainment areathat is subject to subpart 2,part D, title I of the federalClean Air Act.V.“Major stationarysource”means the following.(1).Any stationary source of airpollutants which emits, orhas the potential to emit, 100tons per year or more of anyregulated new source reviewpollutant subject toregulation under the federalClean Air Act.(2).Any physical change thatwould occur at a stationarysource not qualifying underParagraph (1) of thisV.“Major stationarysource”means the following.(1).Any stationary source of airpollutants which emits, orhas the potential to emit, 100tons per year or more of anyregulated new source reviewpollutant except that loweremission thresholds shallapply in areas subject tosubpart 2. Subpart 3, orsubpart 4 of part D, title I ofthesubject to regulationunder thefederal Clean AirNO CHANGE The June 11, 2009 revisions to thedefinition of “Major StationarySource” at 20.2.79.7(V) NMAC wereadopted to implement the NNSRrequirements of EPA’s Phase 2Ozone Implementation Rule,published November 29, 2005 (70 FR71698).Revisions to 20.2.79.7(V)(1) areconsistent with requirements at 40CFR 51.165(a)(1)(iv)(A)(1).New sections 20.2.79.7(V)(1)(a)-(f)89Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsdefinition as a majorstationary source, if thechange would constitute amajor stationary source byitself.(3).A major stationary sourcethat is major for volatileorganic compounds oroxides of nitrogen shall beconsidered major for ozone.(4).A stationary source shall notbe a major stationary sourcedue to fugitive emissions, tothe extent they arequantifiable, unless thesource belongs to:(a)any category inSubsection B of20.2.79.119 NMAC; or(b)any other stationarysource category whichas of August 7, 1980 isbeing regulated underSection 111 or 112 ofthe federal Clean AirAct.(5).A stationary source shall notbe a major stationary sourcedue to secondary emissions.Act, according toSubparagraphs (a) through(f) of Paragraph (1) ofSubsection V of 20.2.79.7NMAC.(a)50 tons per year ofvolatile organiccompounds in any seriousozone nonattainmentarea.(b)50 tons per year ofvolatile organiccompounds in an areawithin an ozone transportregion, except for anysevere or extreme ozonenonattainment area.(c)25 tons per year ofvolatile organiccompounds in any severeozone nonattainmentarea.(d)10 tons per year ofvolatile organiccompounds in anyextreme ozonenonattainment area.(e)50 tons per year of carbonmonoxide in any seriousnonattainment area forcarbon monoxide, wherestationary sourcescontribute significantly tocarbon monoxide levelsare consistent with requirements at 40CFR 51.165(a)(1)(iv)(A)(1)(i)-(vi).New sections 20.2.79.7(V)(2) areconsistent with requirements at 40CFR 51.165(a)(1)(iv)(A)(2).New sections 20.2.79.7(V)(2) areconsistent with requirements at 40CFR 51.165(a)(1)(iv)(A)(2)(i)-(vi).Revisions to 20.2.79.7(V)(3) areconsistent with requirements at 40CFR 51.165(a)(1)(iv)(A)(3).These revisions are approvable for theimplementation of Phase 2 OzoneNNSR permitting requirements.90Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsin the area (as determinedunder rules issued by theUnited Statesenvironmental protectionagency administrator)(f)70 tons per year of PM10in any seriousnonattainment area forPM10.(2).For the purposes of applyingthe requirements ofSubsection H of 20.2.79.109NMAC to stationary sourcesof nitrogen oxides located inan ozone nonattainment areaor in an ozone transportregion, any stationary sourcewhich emits, or has thepotential to emit, 100 tons peryear or more of nitrogenoxides emissions, except thatthe emission thresholds inSubparagraphs (a) through (f)of Paragraph (1) of SubsectionV of 20.2.79.7 NMAC shallapply in areas subject tosubpart 2 of part D, title I ofthe federal Clean Air Act(a)100 tons per year or moreof nitrogen oxides in anyozone nonattainment areaclassified as marginal ormoderate.(b)100 tons per year or more91Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsof nitrogen oxides in anyozone nonattainment areaclassified as atransitional, submarginal,or incomplete or no dataarea, when such area islocated in an ozonetransport region.(c)100 tons per year or moreof nitrogen oxides in anyarea designated undersection 107(D) if thefederal Clean Air Act asattainment orunclassifiable for ozonethat is located in an ozonetransport region(d)50 tons per year or moreof nitrogen oxides in anyserious nonattainmentarea for ozone(e)25 tons per year or moreof nitrogen oxides in anysevere nonattainment areafor ozone(f)10 tons per year or moreof nitrogen oxides in anyextreme nonattainmentarea for ozone; or(3).Any physical change thatwould occur at a stationarysource not qualifying underParagraph (1) or 2of thisdefinition as a major92Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsstationary source, if thechange would constitute amajor stationary source byitself.(4).A major stationary source thatis major for volatile organiccompounds or oxides ofnitrogen shall be consideredmajor for ozone.(5).A stationary source shall notbe a major stationary sourcedue to fugitive emissions, tothe extent they arequantifiable, unless the sourcebelongs to:(a)any category inSubsection B of20.2.79.119 NMAC; or(b)any other stationarysource category which asof August 7, 1980 isbeing regulated underSection 111 or 112 of thefederal Clean Air Act.(6).A stationary source shall notbe a major stationary sourcedue to secondary emissions.W.“Mandatory federal class Iarea”means those federal landsthat are international parks,national wilderness areas whichexceed five thousand (5,000)acres in size, national memorialparks which exceed fiveNO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.93Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsthousand (5,000)acres in size,and national parks which exceedsix thousand (6,000) acres insize, and which were in existenceon August 7, 1977. These areasmay not be redesignated.X.“Natural conditions”includesnaturally occurring phenomenathat reduce visibility as measuredin terms of visual range, contrastor coloration.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.Y.“Necessary preconstructionapprovals or permits”meansthose permits or approvalsrequired under federal air qualitycontrol laws and regulations andthose air quality control laws andregulations which are part of theapplicable state implementationplan.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.Z.“Net emissions increase”.(1).With respect to anyregulated new source reviewpollutant emitted by a majorstationary source, theamount by which the sum ofthe following exceeds zero:(a)the increase inemissions from aparticular physicalchange or change in themethod of operation at astationary source ascalculated pursuant toNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.94Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsSubsection E of20.2.79.109 NMAC;and(b)any other increases anddecreases in actualemissions at the majorstationary source thatare contemporaneouswith the particularchange and areotherwise creditable;baseline actualemissions forcalculating increasesand decreases shall bedetermined as providedin Subsection E of thissection, except thatSubparagraphs (c) and(d) of Paragraph (2) ofSubsection E of thissection shall not apply.(2).An increase or decrease inactual emissions iscontemporaneous with theincrease from the particularchange only if it occurswithin the time period fiveyears prior to thecommencement ofconstruction on theparticular change and thedate that the increase fromthe particular change occurs;95Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements(3).An increase or decrease inactual emissions is creditableonly if:(a)it occurs within thetime period five yearsprior to thecommencement ofconstruction on theparticular change andthe date that theincrease from theparticular changeoccurs; and(b)either the departmentor the administratorhas not relied on it inissuing a permit forthe source underregulations approvedpursuant to thissection, which permitis in effect when theincrease in actualemissions from theparticular changeoccurs.(4).An increase in actualemissions is creditable onlyto the extent that the newlevel of actual emissionsexceeds the old level.(5).A decrease in actualemissions is creditable onlyto the extent that:96Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements(a)the old level of actualemissions or the oldlevel of allowableemissions whicheveris lower, exceeds thenew level of actualemissions;(b)it is enforceable as apractical matter at andafter the time thatactual construction onthe particular changebegins;(c)the department hasnot relied on it inissuing any permitunder regulationsapproved pursuant to40 CFR Part 51Subpart I or the statehas not relied on it indemonstratingattainment orreasonable furtherprogress; and(d)it has approximatelythe same qualitativesignificance for publichealth and welfare asthat attributed to theincrease from theparticular change.(6).An increase that results froma physical change at a source97Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsoccurs when the emissionsunit on which constructionoccurred becomesoperational and begins toemit a particular pollutant.Any replacement unit thatrequires shakedown becomesoperational only after areasonable shakedownperiod, not to exceed 180days.(7).Paragraph (1) of SubsectionA of this section shall notapply for determiningcreditable increases anddecreases or after a change.AA.“Nonattainment area”means,for any air pollutant an areawhich is shown by monitoreddata or which is calculated by airquality modeling (or othermethods determined by theadministrator to be reliable) toexceed any national ambient airquality standard for suchpollutant. Such term includesany area identified underSubparagraphs (A) through (C)of Section 107(d)(1) of thefederal Clean Air Act.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AB.“Nonattainment major newsource review (NSR) program”means a major sourcepreconstruction permit programNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.98Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsthat has been approved by theadministrator and incorporatedinto the New Mexico stateimplementation plan toimplement the requirements of40 CFR 51.165, or a programthat implements 40 CFR Part 51,Appendix S, Sections I throughVI. Any permit issued undersuch a program is a major newsource review permit.AC.“Part”means an air qualitycontrol regulation under Title 20,Chapter 2 of the New MexicoAdministrative Code, unlessotherwise noted; as adopted oramended by the board.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AD.“Portable stationarysource”means a source whichcan be relocated to anotheroperating site with limiteddismantling and reassembly.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AE.“Potential to emit”means themaximum capacity of astationary source to emit apollutant under its physical andoperational design. Any physicalor operational limitation on thecapacity of the source to emit apollutant, including air pollutioncontrol equipment andrestrictions on hours of operationor on the type or amount ofmaterial combusted, stored, orNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.99Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsprocessed, shall be treated as partof its design only if the limitationor the effect it would have onemissions is federallyenforceable.AF.“Predictive emissionsmonitoring system”(PEMS)means all of the equipmentnecessary to monitor process andcontrol device operationalparameters (for example, controldevice secondary voltages andelectric currents) and otherinformation (for example, gasflow rate, oxygen or carbondioxide concentrations), andcalculate and record the massemissions rate (for example,pounds per hour) on a continuousbasis.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AG.“Prevention of significantdeterioration (PSD)permit”means any permit that isissued under 20.2.74 NMAC.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AH.“Project”means a physicalchange in, or change in themethod of operation of, anexisting major stationary source.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AI.“Projected actualemissions”means, the maximumannual rate, in tons per year, atwhich an existing emissions unitis projected to emit a regulatednew source review pollutant inNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.100Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsany one of the 5 years (12-monthperiod) following the date theunit resumes regular operationafter the project, or in any one ofthe 10 years following that date,if the project involves increasingthe emissions unit's designcapacity or its potential to emit ofthat regulated new source reviewpollutant and full utilization ofthe unit would result in asignificant emissions increase ora significant net emissionsincrease at the major stationarysource. In determining theprojected actual emissions beforebeginning actual construction,the owner or operator of themajor stationary source:(1)shall consider all relevantinformation, including butnot limited to, historicaloperational data, thecompany's ownrepresentations, thecompany's expected businessactivity and the company'shighest projections ofbusiness activity, thecompany's filings with thestate or federal regulatoryauthorities, and complianceplans under the approvedplan; and101Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements(2)shall include fugitiveemissions to the extentquantifiable, and emissionsassociated with startups,shutdowns, andmalfunctions; and(3)shall exclude, in calculatingany increase in emissionsthat results from theparticular project, thatportion of the unit'semissions following theproject that an existing unitcould have accommodatedduring the consecutive 24-month period used toestablish the baseline actualemissions under SubsectionE of this section and that arealso unrelated to theparticular project, includingany increased utilization dueto product demand growth;or,(4)in lieu of using the methodset out in Paragraphs (1)through (3) of thissubsection, may elect to usethe emissions unit's potentialto emit, in tons per year, asdefined under SubsectionAE of this section.AJ.“Regulated new source reviewpollutant”, for purposes of thisNO CHANGE AJ."Regulated new source reviewpollutant", for purposes of thisRevisions to the “Regulated NSRPollutant” definition have been made102Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssection, means the following:(1)nitrogen oxides or anyvolatile organic compounds;(2)any pollutant for which anational ambient air qualitystandard has beenpromulgated; or(3)any pollutant that is aconstituent or precursor of ageneral pollutant listed inParagraphs (1) or (2) of thissubsection, provided that aconstituent or precursorpollutant may only beregulated under new sourcereview as part of regulationof the general pollutant.section, means the following:1.nitrogen oxides or anyvolatile organic compounds;2.any pollutant for which anational ambient air qualitystandard has beenpromulgated;3.any pollutant that isidentified under thisparagraph (Paragraph (3) ofSubsection AJof 20.2.79.7NMAC)as a constituent orprecursor of a generalpollutant listed inParagraphs (1) or (2) of thissubsection, provided that asuchconstituent orprecursor pollutant mayonly be regulated under newsource review as part ofregulation of the generalpollutant; precursorsidentified by theadministrator for purposesof NSR are the following:a.volatile organiccompounds and nitrogenoxides are precursors toozone in all ozonenonattainment areas;b.sulfur dioxide is aprecursor to PM2.5in allPM2.5nonattainrnentareas:to identify PM2.5and its precursors toallow for proper implementation ofthe PSD program for emissions ofPM2.5. These requirements werepromulgated by EPA on May 16,2008, at 73 FR 28321.The revisions to 20.2.79.7.AJ(3)(a) –(d) NMAC are consistent with 40CFR 51.165(a)(1)(xxxvii)(C). See73 FR 28321 May 16, 2008 FRN.These revisions are approvable.The revisions to the “Regulated NSRPollutant” to include the condensableslanguage at 20.2.79.7.AJ(4) NMACare consistent with the requirementsat 40 CFR 51.165(a)(1)(xxxvii)(D).See 73 FR 28321, May 16, 2008.These revisions are approvable.103Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsc.nitrogen oxides arepresumed to beprecursors to PM2.5in allPM2.5nonattainmentareas unless the statedemonstrates to theadministrator'ssatisfaction or EPAdemonstrates thatemissions of nitrogenoxides from sources in aspecific area are not asignificant contributor tothat area's ambient PM2.5concentrations;d.volatile organiccompounds and ammoniaare presumed not to beprecursors to PM2.5in anyPM2.5nonattainment area,unless the statedemonstrates to theadministrator'ssatisfaction or EPAdemonstrates thatemissions of volatileorganic compounds orammonia from sources ina specific area are asignificant contributor tothat area's ambient PM2.5concentrations; or4.PM2.5emissions andPM10emissions shall include104Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsgaseous emissions from asource or activity whichcondense to formparticulate matter atambient temperatures; on orafter January 1, 2011, suchcondensable particulatematter shall be accountedfor in applicabilitydeterminations and inestablishing emissionslimitations for PM2.5andPM10in nonattainmentmajor NSR permits;compliance with emissionslimitations for PM2.5andPM10issued prior to thisdate shall not be based oncondensable particulatematter unless required bythe terms and conditions ofthe permit or the applicableimplementation plan;applicability determinationsmade prior to this datewithout accounting forcondensable particulatematter shall not beconsidered in violation ofthis section unless theapplicable implementationplan required condensableparticulate matter to beincluded.105Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsAK.“Replacement Unit”means anemission unit for which all of thefollowing criteria are met. Nocreditable emission reductionsshall be generated from shuttingdown the existing emissions unitthat is replaced.(1)The emissions unit is areconstructed unit within themeaning of 40 CFR60.15(b)(1), or the emissionsunit completely takes theplace of an existingemissions unit.(2)The emissions unit isidentical to or functionallyequivalent to the replacedemissions unit.(3)The replacement unit doesnot change the basic designparameter(s) of the processunit.(4)The replaced emissions unitis permanently removedfrom the major stationarysource, otherwisepermanently disabled, orpermanently barred fromoperation by a permit that isenforceable as a practicalmatter. If the replacedemissions unit is broughtback into operation, it shallconstitute a new emissionsNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.106Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsunit.AL.“Secondary emissions”meansemissions which would occur asa result of the construction oroperation of a major stationarysource or major modification, butdo not come from the majorstationary source or majormodification itself. For thepurpose of this section,secondary emissions must bespecific, well defined,quantifiable, and impact the samegeneral area as the stationarysource or modification whichcauses the secondary emissions.Secondary emissions includeemissions from any offsitesupport facility which would notbe constructed or increase itsemissions except as a result ofthe construction or operation ofthe major stationary source ormajor modification. Secondaryemissions do not include anyemissions which come directlyfrom a mobile source, such asemissions from the tailpipe of amotor vehicle, from a train, orfrom a vessel.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AM.“Significant”means, inreference to a net emissionsincrease or the potential of asource to emit any of theAM.“Significant”means,1)in reference to a net emissionsincrease or the potential of asource to emit any of theAM.“Significant”means,1)in reference to a net emissionsincrease or the potential of asource to emit any of theThe new provisions at the definitionof “Significant” submitted in the June11, 2009 submittal adopt andimplement the NNSR requirements of107Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsfollowing pollutants, a rate ofemissions that would equal orexceed any of the followingrates: carbon monoxide, 100tons per year; nitrogen oxides, 40tons per year; sulfur dioxide, 40tons per year; PM-10 emissions,15 tons per year; ozone, 40 tonsper year of volatile organiccompounds; lead, 0.6 tons peryear.following pollutants, a rate ofemissions that would equal orexceed any of the followingrates: carbon monoxide, 100tons per year; nitrogen oxides,40 tons per year; sulfur dioxide,40 tons per year; PM10emissions, 15 tons per year;ozone, 40 tons per year ofvolatile organic compounds ornitrogen oxides; lead, 0.6 tonsper year.2)Notwithstanding the significantemissions rate for ozone inParagraph (1) of Subsection AMof 20.2.79.7 NMAC, significantmeans, in reference to anemissions increase or a netemissions increase, any increasein actual emissions of volatileorganic compounds that wouldresult from any physical changein, or change in the method ofoperation of, a major stationarysource locating in a serious orsevere ozone nonattainment areathat is subject to subpart 2, partD, title I of the federal Clean AirAct, if such emissions increaseof volatile organic compoundsexceeds 25 tons per year.3)For the purposes of applying therequirements of Subsection H of20.2.79.109 NMAC tofollowing pollutants, a rate ofemissions that would equal orexceed any of the following rates:carbon monoxide, 100 tons peryear; nitrogen oxides, 40 tons peryear; sulfur dioxide, 40 tons peryear; PM10emissions, 15 tons peryear; ozone, 40 tons per year ofvolatile organic compounds ornitrogen oxides; lead, 0.6 tons peryear; PM2.5: 10 tpy of direct PM2.5emissions, 40 tpy of sulfurdioxide emissions, 40 tpy ofnitrogen oxide emissions unlessdemonstrated not to be a PM2.5precursor under Subsection AJ of20.2.79.7 NMAC.2)Notwithstanding the significantemissions rate for ozone inParagraph (1) of Subsection AMof 20.2.79.7 NMAC, significantmeans, in reference to anemissions increase or a netemissions increase, any increasein actual emissions of volatileorganic compounds that wouldresult from any physical changein, or change in the method ofoperation of, a major stationarysource locating in a serious orsevere ozone nonattainment areathat is subject to subpart 2, part D,title I of the federal Clean AirAct, if such emissions increase ofthe Phase 2 Ozone implementationrule.The new provisions at20.2.79.7(AM)(1) NMACsubmitted on June 11, 2009, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(A).The new provisions at20.2.79.7(AM)(2) NMACsubmitted on June 11, 2009, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(B).The new provisions at20.2.79.7(AM)(3) NMACsubmitted on June 11, 2009, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(C).The new provisions at20.2.79.7(AM)(4) NMACsubmitted on June 11, 2009, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(D).The new provisions at20.2.79.7(AM)(5) NMACsubmitted on June 11, 2009, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(E).The revisions to 20.2.79.7(AM)NMAC submitted on June 11, 2009,are approvable and necessary toimplement the NNSR permittingrequirements for Phase 2 Ozone.108Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsmodifications at majorstationary sources of nitrogenoxides located in an ozonenonattainment area or in anozone transport region, thesignificant emission rates andother requirements for volatileorganic compounds inParagraphs (1), (2), and (5) ofSubsection AM of 20.2.79.7NMAC shall apply to nitrogenoxides emissions.4)Notwithstanding the significantemissions rate for carbonmonoxide under Paragraph (1)of Subsection AM of 20.2.79.7NMAC significant means, inreference to an emissionsincrease or a net emissionsincrease, any increase in actualemissions of carbon monoxidethat would result from anyphysical change in, or change inthe method of operation of, amajor stationary source in aserious nonattainment area forcarbon monoxide if suchincrease equals or exceeds 50tons per year, provided the U.S.environmental protection agencyadministrator has determinedthat stationary sourcescontribute significantly tocarbon monoxide levels in thatvolatile organic compoundsexceeds 25 tons per year.3)For the purposes of applying therequirements of Subsection H of20.2.79.109 NMAC tomodifications at major stationarysources of nitrogen oxides locatedin an ozone nonattainment area orin an ozone transport region, thesignificant emission rates andother requirements for volatileorganic compounds inParagraphs(1), (2), and (5) of Subsection AMof 20.2.79.7 NMAC shall apply tonitrogen oxides emissions.4)Notwithstanding the significantemissions rate for carbonmonoxide under Paragraph (1) ofSubsection AM of 20.2.79.7NMAC significant means, inreference to an emissions increaseor a net emissions increase, anyincrease in actual emissions ofcarbon monoxide that wouldresult from any physical changein, or change in the method ofoperation of, a major stationarysource in a serious nonattainmentarea for carbon monoxide if suchincrease equals or exceeds 50 tonsper year, provided the U.S.environmental protection agencyadministrator has determined thatstationary sources contributeThe new provisions at the definitionof “Significant” submitted in the May23, 2011 submittal adopt andimplement the NNSR requirementsfor PM2.5permitting in EPA’s May16, 2008 final rule.The new provisions at20.2.79.7(AM)(1) NMACsubmitted on May 23, 2011, areconsistent with the requirementsat 40 CFR 51.165(a)(1)(x)(A).The revisions to 20.2.79.7(A) NMACsubmitted on May 23, 2011 areapprovable and necessary toimplement the NNSR permittingprovisions for PM2.5.109Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsarea.5)Notwithstanding the significantemissions rates for ozone underParagraphs (1) and (2) ofSubsection AM of 20.2.79.7NMAC, any increase in actualemissions of volatile organiccompounds from any emissionsunit at a major stationary sourceof volatile organic compoundslocated in an extreme ozonenonattainment area that issubject to subpart 2, part D, titleI of the federal Clean Air Actshall be considered a significantnet emissions increase.significantly to carbon monoxidelevels in that area.5)Notwithstanding the significantemissions rates for ozone underParagraphs (1) and (2) ofSubsection AM of 20.2.79.7NMAC, any increase in actualemissions of volatile organiccompounds from any emissionsunit at a major stationary sourceof volatile organic compoundslocated in an extreme ozonenonattainment area that is subjectto subpart 2, part D, title I of thefederal Clean Air Act shall beconsidered a significant netemissions increase.AN.“Significant emissionsincrease”means, for a regulatednew source review pollutant, anincrease in emissions that issignificant (as defined inSubsection AM of this section)for that pollutant.NO CHANGENO CHANGENo changes submitted to the existingSIP-approved regulations.AO.“Stationary source”means anybuilding, structure, facility, orinstallation which emits or mayemit any regulated new sourcereview pollutant.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.AP.“Temporary source”means astationary source which changesits location or ceases to existwithin one year from the date ofinitial start of operations.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.110Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.7 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.7 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsAQ.“Visibility impairment”meansany humanly perceptible changein visibility (visual range,contrast, coloration) from thatwhich would have existed undernatural conditions.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.111Table III.D.2 – Evaluation of the June 11, 2009 and May 23, 2011 Revisions to 20.2.79.109 NMACExisting NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements20.2.79.109 APPLICABILITY 20.2.79.109 APPLICABILITY 20.2.79.109 APPLICABILITYNo changes submitted to the existingSIP-approved regulations.A.Any person constructing any newmajor stationary source or majormodification shall obtain apermit from the department inaccordance with the requirementsof this part prior to the start ofconstruction or modification ifeither of the following conditionsapply:a.the major stationary sourceor major modification willbe located within anonattainment area sodesignated pursuant toSection 107 of the federalClean Air Act and will emita regulated pollutant forwhich it is major and whichthe area is designatednonattainment for; orb.the major stationary sourceor major modification willbe located within an areadesignated attainment orunclassifiable pursuant toSection 107 of the federalClean Air Act and will emita regulated pollutant forwhich it is major and theambient impact of suchNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.112Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementspollutant would exceed anyof the significance levels inSubsection A of 20.2.79.119NMAC at any location thatdoes not meet any nationalambient air quality standardfor the same pollutant. (SeeSubsection D of 20.2.79.109NMAC.)B.The requirements of this partapply to each regulated pollutantmeeting the criteria of eitherParagraph (1) or Paragraph (2) ofSubsection A of 20.2.79.109NMAC.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.C.For an area which isnonattainment for ozone, volatileorganic compounds and oxides ofnitrogen are the regulatedpollutants which may make thispart applicable under theprovisions of Paragraph (1) ofSubsection A of 20.2.79.109NMAC.NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.D.Other requirements.a.A new major stationarysource or major modificationwhich meets the criteria ofParagraph (2) of SubsectionA of 20.2.79.109 NMACshall demonstrate that thesource or modification willnot cause or contribute to aviolation of any nationalambient air quality standardNO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.113Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsby meeting the followingrequirements and no othersof this part:i.Paragraph (2) ofSubsection C of20.2.79.112 NMACregarding emissionoffsets;ii.Subsection D of20.2.79.112 NMACregarding a net airquality benefit;iii.20.2.79.114 NMAC -Emission OffsetBaseline;iv.20.2.79.115 NMAC -Emission Offset; andv.20.2.79.117 NMAC -Air Quality Benefit.b.In addition , a new source ormodification which meetsthe criteria of Paragraph (2)of Subsection A of20.2.79.109 NMAC and isalso a major stationarysource or major modificationas defined in 20.2.74 NMAC(prevention of significantdeterioration (PSD)), shallobtain a PSD permit underthe provisions of 20.2.74NMAC.E.Applicability procedures.a.Except as otherwiseprovided in Paragraphs (3)NO CHANGE NO CHANGE No changes submitted to the existingSIP-approved regulations.114Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsand (4) of this subsection,and consistent with thedefinition of majormodification, a project is amajor modification for aregulated new source reviewpollutant if it causes twotypes of emissions increases- a significant emissionsincrease (as defined inSubsection AM of 20.2.79.7NMAC), and a significantnet emissions increase (asdefined in Subsections Z andAM of 20.2.79.7 NMAC).The project is not a majormodification if it does notcause a significant emissionsincrease. If the projectcauses a significantemissions increase, then theproject is a majormodification only if it alsoresults in a significant netemissions increase.b.The procedure forcalculating (beforebeginning actualconstruction) whether asignificant emissionsincrease (i.e., the first step ofthe process) will occurdepends upon the type ofemissions units beingmodified, according to115Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsParagraphs (3) and (4) ofthis subsection. Theprocedure for calculating(before beginning actualconstruction) whether asignificant net emissionsincrease will occur at themajor stationary source (i.e.,the second step of theprocess) is contained in thedefinition of net emissionsincrease. Regardless of anysuch preconstructionprojections, a majormodification results if theproject causes a significantemissions increase and asignificant net emissionsincrease.c.Actual-to-projected-actualapplicability test for projectsthat involve existingemissions units. Asignificant emissionsincrease of a regulated newsource review pollutant isprojected to occur if the sumof the difference between theprojected actual emissionsand the baseline actualemissions (as defined inParagraphs (1) and (2) ofSubsection E of 20.2.79.7NMAC, as applicable), foreach existing emissions unit,116Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsequals or exceeds thesignificant amount for thatpollutant (as defined inSubsection AM of 20.2.79.7NMAC).d.Actual-to-potential test forprojects that involveconstruction of a newemissions unit(s). Asignificant emissionsincrease of a regulated newsource review pollutant isprojected to occur if the sumof the difference between thepotential to emit from eachnew emissions unitfollowing completion of theproject and the baselineactual emissions (as definedin Paragraph (3) ofSubsection E of 20.2.79.7NMAC) of these units beforethe project equals or exceedsthe significant amount forthat pollutant (as defined inSubsection AM of 20.2.79.7NMAC).e.Hybrid test for projects thatinvolve multiple types ofemissions units. Asignificant emissionsincrease of a regulated NSRpollutant is projected tooccur if the sum of theemissions increases for each117Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsemissions unit, using themethod specified inParagraphs (3) and (4) ofthis subsection as applicablewith respect to eachemissions unit, for each typeof emissions unit equals orexceeds the significantamount for that pollutant.For example, if a projectinvolves both an existingemissions unit and a newemissions unit, the projectedincrease is determined bysumming the valuesdetermined using the methodspecified in Paragraph (3) ofthis subsection for theexisting unit and determinedusing the method specifiedin Paragraph (4) of thissubsection for the new unit.f.For any major stationarysource for a PAL for aregulated new source reviewpollutant, the majorstationary source shallcomply with requirementsunder 20.2.79.120 NMAC.F.The following specific provisionsapply to projects at existingemissions units at a majorstationary source (other thanprojects at a source with a PAL)in circumstances where theNO CHANGE F.Except as otherwise provided inParagraph (6) under thisSubsection (Subsection F of20.2.79.109 NMAC), thefollowing specific provisionsapply towith respect to anyThe revisions to 20.2.79.109(F) and(F)(6) NMAC submitted on May 23,2011, implement the “reasonablepossibility” provisions finalized inEPA’s Final Rule for the ReasonablePossibility In Recordkeeping. See 72118Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsowner or operator elects to usethe method specified inParagraphs (1) through (3) ofSubsection AI of 20.2.79.7NMAC for calculating projectedactual emissions.a.Before beginning actualconstruction of the project,the owner or operator shalldocument and maintain arecord of the followinginformation:i.a description of theproject;ii.identification of theemissions unit(s) whoseemissions of a regulatednew source reviewpollutant could beaffected by the project;andiii.a description of theapplicability test used todetermine that theproject is not a majormodification for anyregulated new sourcereview pollutant,including the baselineactual emissions, theprojected actualemissions, the amountof emissions excludedunder Paragraph (3) ofSubsection AI ofregulated NSR pollutant emittedfromprojects at existingemissions units at a majorstationary source (other thanprojects at a source with a PAL)in circumstances where there is areasonable possibility, within themeaning of Paragraph (6) underthis subsection (Subsection F of20.2.79.109 NMAC), that aproject that is not a part of amajor modification may result ina significant emissions increaseof such pollutant andthe owneror operator elects to use themethod specified in Paragraphs(1) through (3) of Subsection AIof 20.2.79.7 NMAC forcalculating projected actualemissions.(1)Before beginning actualconstruction of the project,the owner or operator shalldocument and maintain arecord of the followinginformation:(a)a description of theproject;(b)identification of theemissions unit(s) whoseemissions of a regulatednew source reviewpollutant could beaffected by the project;andFR 72607, December 21, 2007.The revisions to 20.2.79.109(F) and(F)(6) NMAC are consistent with therequirements at 40 CFR 51.165(a)(6)and (a)(6)(vi).These revisions are approvable.119Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirements20.2.79.7 NMAC and anexplanation for whysuch amount wasexcluded, and anynetting calculations, ifapplicable.b.If the emissions unit is anexisting electric utility steamgenerating unit, beforebeginning actualconstruction, the owner oroperator shall provide a copyof the information set out inParagraph (1) of thissubsection to the department.Nothing in this paragraphshall be construed to requirethe owner or operator ofsuch a unit to obtain anydetermination from thedepartment; however,necessary preconstructionapprovals and/or permitsmust be obtained beforebeginning actualconstruction.c.The owner or operator shallmonitor the emissions of anyregulated new source reviewpollutant that could increaseas a result of the project andthat is emitted by anyemissions units identified inSubparagraph (b) ofParagraph (1) of this(c)a description of theapplicability test used todetermine that theproject is not a majormodification for anyregulated new sourcereview pollutant,including the baselineactual emissions, theprojected actualemissions, the amountof emissions excludedunder Paragraph (3) ofSubsection AI of20.2.79.7 NMAC and anexplanation for whysuch amount wasexcluded, and anynetting calculations, ifapplicable.(2)If the emissions unit is anexisting electric utility steamgenerating unit, beforebeginning actualconstruction, the owner oroperator shall provide a copyof the information set out inParagraph (1) of thissubsection to the department.Nothing in this paragraphshall be construed to requirethe owner or operator ofsuch a unit to obtain anydetermination from thedepartment; however,120Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssubsection; and calculate andmaintain a record of theannual emissions, in tons peryear on a calendar yearbasis, for a period of 5 yearsfollowing resumption ofregular operations after thechange, or for a period of 10years following resumptionof regular operations afterthe change if the projectincreases the design capacityor potential to emit of thatregulated new source reviewpollutant at such emissionsunit.d.If the unit is an existingelectric utility steamgenerating unit, the owner oroperator shall submit areport to the departmentwithin 60 days after the endof each year during whichrecords must be generatedunder Paragraph (3) of thissubsection setting out theunit's annual emissionsduring the year that precededsubmission of the report.e.If the unit is an existing unitother than an electric utilitysteam generating unit, theowner or operator shallsubmit a report to thedepartment if the annualnecessary preconstructionapprovals and/or permitsmust be obtained beforebeginning actualconstruction.(3)The owner or operator shallmonitor the emissions of anyregulated new source reviewpollutant that could increaseas a result of the project andthat is emitted by anyemissions units identified inSubparagraph (b) ofParagraph (1) of thissubsection; and calculate andmaintain a record of theannual emissions, in tons peryear on a calendar yearbasis, for a period of 5 yearsfollowing resumption ofregular operations after thechange, or for a period of 10years following resumptionof regular operations afterthe change if the projectincreases the design capacityor potential to emit of thatregulated new source reviewpollutant at such emissionsunit.(4)If the unit is an existingelectric utility steamgenerating unit, the owner oroperator shall submit areport to the department121Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsemissions, in tons per year,from the project identified inParagraph (1) of thissubsection, exceed thebaseline actual emissions (asdocumented and maintainedpursuant to Subparagraph (c)of Paragraph (1) of thissubsection, by a significantamount (as defined inSubsection AM of 20.2.79.7NMAC) for that regulatednew source review pollutant,and if such emissions differfrom the preconstructionprojection as documentedand maintained pursuant toSubparagraph (c) ofParagraph (1) of thissubsection. Such reportshall be submitted to thedepartment within 60 daysafter the end of such year.The report shall contain thefollowing:i.the name, address andtelephone number of themajor stationary source;ii.the annual emissions ascalculated pursuant toParagraph (3) of thissubsection; andiii.any other informationthat the owner oroperator wishes towithin 60 days after the endof each year during whichrecords must be generatedunder Paragraph (3) of thissubsection setting out theunit's annual emissionsduring the year that precededsubmission of the report.(5)If the unit is an existing unitother than an electric utilitysteam generating unit, theowner or operator shallsubmit a report to thedepartment if the annualemissions, in tons per year,from the project identified inParagraph (1) of thissubsection, exceed thebaseline actual emissions (asdocumented and maintainedpursuant to Subparagraph (c)of Paragraph (1) of thissubsection, by a significantamount (as defined inSubsection AM of 20.2.79.7NMAC) for that regulatednew source review pollutant,and if such emissions differfrom the preconstructionprojection as documentedand maintained pursuant toSubparagraph (c) ofParagraph (1) of thissubsection. Such reportshall be submitted to the122Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsinclude in the report(e.g., an explanation asto why the emissionsdiffer from thepreconstructionprojection).department within 60 daysafter the end of such year.The report shall contain thefollowing:(a)the name, address andtelephone number of themajor stationary source;(b)the annual emissions ascalculated pursuant toParagraph (3) of thissubsection; and(c)any other informationthat the owner oroperator wishes toinclude in the report(e.g., an explanation asto why the emissionsdiffer from thepreconstructionprojection).(6)A “reasonable possibility”under this subsection(Subsection F of 20.2.79.109NMAC) occurs when theowner or operator calculatesthe project to result in either:(a)A projected actualemissions increase of atleast 50 percent of theamount that is a“significant emissionsincrease” as definedunder Subsection AN of20.2.79.7 NMAC(without reference to123Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsthe amount that is asignificant netemissions increase), forthe regulated NSRpollutant; or(b)A projected actualemissions increase that,added to the amount ofemissions excludedunder Subparagraph (3)of Subsection AI of20.2.79.7 NMAC, sumsto at least 50 percent ofthe amount that is a“significant emissionsincrease” as definedunder Subsection AN of20.2.79.7 NMAC(without reference tothe amount that is asignificant netemissions increase) forthe regulated NSRpollutant; for a projectwhich for which areasonable possibilityoccurs only within themeaning ofSubparagraph (b) ofParagraph (6) ofSubsection F of20.2.79.109 NMAC,then provisionsParagraphs (2) through(5) under this124Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementssubsection (SubsectionF of 20.2.79.109NMAC) do not apply tothe project.G.The owner or operator of thesource shall make theinformation required to bedocumented and maintainedpursuant to Subsection F of thissection available for review upona request for inspection by thedepartment or the general publicpursuant to the requirementscontained in 40 CFR70.4(b)(3)(viii).G.The owner or operator of thesource shall make theinformation required to bedocumented and maintainedpursuant to Subsection F of thissection (20.2.79.109 NMAC)available for review upon arequest for inspection by thedepartment or the general publicpursuant to the requirementscontained in 40 CFR70.4(b)(3)(viii).NO CHANGENo changes submitted to the existingSIP-approved regulations.Existing SIP does not contain thisprovision.H.The requirements of this section(20.2.79.109 NMAC) applicableto major stationary sources andmajor modifications of volatileorganic compounds shall applyto nitrogen oxides emissionsfrom major stationary sourcesand major modifications ofnitrogen oxides in an ozonetransport region or in any ozonenonattainment area, except inozone nonattainment areas or inportions of an ozone transportregion where the U.S.environmental protection agencyadministrator has granted a NOXwaiver applying the standardsset forth under section 182(f) ofthe federal Clean Air Act andNO CHANGEThe new revisions to 20.2.79.109(H)NMAC submitted on June 11, 2009,are necessary to implement the NNSRpermitting requirements for Phase 2Ozone.The revisions to 20.2.79.109(H)NMAC are consistent with therequirements at 40 CFR 51.165(a)(8).These revisions are approvable.125Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsthe waiver continues to apply.Existing SIP does not contain thisprovision.I.In meeting the emissions offsetrequirements of 20.2.79.115NMAC for ozone nonattainmentareas that are subject to subpart2, part D, title I of the clean airact, the ratio of total actualemissions reductions of VOC tothe emissions increase of VOCshall be as follows:(1)in any marginal nonattainmentarea for ozone, at least 1.1:1;(2)in any moderatenonattainment area for ozone,at least 1.15:1;(3)in any serious nonattainmentarea for ozone, at least 1.2:1;(4)in any severe nonattainmentarea for ozone, at least 1.3:1(except that the ratio may beat least 1.2:1 if the approvedstate implementation plan alsorequires all existing majorsources in such nonattainmentarea to use BACT for thecontrol of VOC); and(5)in any extreme nonattainmentarea for ozone, at least 1.5:1(except that the ratio may beat least 1.2:1 if the approvedstate implementation plan alsorequires all existing majorsources in such nonattainmentarea to use BACT for thecontrol of VOC.I.In meeting the emissions offsetrequirements of 20.2.79.115NMAC, the ratio of total actualemissions reductions to theemissions increase shall be atleast 1:1 unless an alternativeratio is provided for theapplicable nonattainment area inSubsections J through N of20.2.79.1 09 NMAC.The new revision to 20.2.79.109(I)NMAC submitted on June 11, 2009,is necessary to implement the NNSRpermitting requirements for Phase 2ozone.The new revisions to 20.2.79.109(I)NMAC submitted on June 11, 2009,are consistent with the requirementsat 40 CFR 51.165(a)(9)(i)(A) – (E).The revisions to 20.2.79.109(I)NMAC submitted on June 11, 2009,are approvable.The new revisions to 20.2.79.109(I)NMAC submitted on May 23, 2011,are necessary to implement the NNSRPM2.5permitting requirements in theMay 16, 2009 final rule. The newsection 20.2.79.109(I) NMAC isconsistent with the requirements at 40CFR 51.165(a)(9)(i). This revision isapprovable.In the May 23, 2011 submittal, theNMED moved the language that wasoriginally adopted at 20.2.79.109(I)NMAC on June 11, 2009, to20.2.79.109(J) NMAC. This move isa non-substantive move to the June11, 2009 language and is approvable.The revisions to 20.2.79.109(I)126Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsNMAC as updated through the May23, 2011 submittal are approvable.Existing SIP does not contain thisprovision.J.Notwithstanding therequirements of Paragraph (1) ofSubsection I of 20.2.79.109NMAC for meeting therequirements of 20.2.79.115NMAC, the ratio of total actualemissions reductions of VOC tothe emissions increase of VOCshall be at least 1.15:1 for allareas within an ozone transportregion that is subject to subpart2, part D title I of the federalClean Air Act, except forserious, severe, and extremeozone nonattainment areas thatare subject to subpart 2, part D,title I of the federal Clean AirAct.J.In meeting the emissions offsetrequirements of 20.2.79.115NMAC for ozone nonattainmentareas that are subject to subpart2, part D, title I of the clean airact, the ratio of total actualemissions reductions of VOC tothe emissions increase of VOCshall be as follows:1)in any marginal nonattainmentarea for ozone, at least 1.1:1;2)in any moderatenonattainment area for ozone,at least 1.15:1;3)in any serious nonattainmentarea for ozone, at least 1.2:1;4)in any severe nonattainmentarea for ozone, at least 1.3:1(except that the ratio may beat least 1.2:1 if the approvedstate implementation plan alsorequires all existing majorsources in such nonattainmentarea to use BACT for thecontrol of VOC); and5)in any extreme nonattainmentarea for ozone, at least 1.5:1(except that the ratio may beat least 1.2:1 if the approvedstate implementation plan alsorequires all existing majorsources in such nonattainmentarea to use BACT for theThe new revision to 20.2.79.109(J)NMAC submitted on June 11, 2009,is necessary to implement the NNSRpermitting requirements for Phase 2ozone.The new revisions to 20.2.79.109(J)NMAC submitted on June 11, 2009,are consistent with the requirementsat 40 CFR 51.165(a)(9)(ii).The revisions to 20.2.79.109(J)NMAC submitted on June 11, 2009,are approvable.In the May 23, 2011 submittal, theNMED moved the language that wasoriginally adopted at 20.2.79.109(I)NMAC to 20.2.79.109(J) NMAC.This move is a non-substantive moveto the June 11, 2009 language and isapprovable.Note that the language originallysubmitted on June 11, 2009, at20.2.79.109(J) NMAC has beenmoved in its entirety to20.2.79.109(K) NMAC, with the onlychange an update to internal crossreferences. This move is approvable.The revisions to 20.2.79.109(J)NMAC as updated through the May127Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementscontrol of VOC.23, 2011 submittal are approvable.Existing SIP does not contain thisprovision.K.Meeting the emissions offsetrequirements of 20.2.79.115NMAC for ozone nonattainmentareas that are subject to subpart1, part D, title I of the clean airact, including 8-hour ozonenonattainment areas subject to40 CFR 51.902(b), the ratio oftotal actual emissions increaseof VOC shall be at least 1:1.K.Notwithstanding therequirements of Paragraph (1) ofSubsection IJof 20.2.79.109NMAC for meeting therequirements of 20.2.79.115NMAC, the ratio of total actualemissions reductions of VOC tothe emissions increase of VOCshall be at least 1.15:1 for allareas within an ozone transportregion that is subject to subpart2, part D title I of the federalClean Air Act, except forserious, severe, and extremeozone nonattainment areas thatare subject to subpart 2, part D,title I of the federal Clean AirAct.The new revision to 20.2.79.109(K)NMAC submitted on June 11, 2009,is necessary to implement the NNSRpermitting requirements for Phase 2ozone.The new revisions to 20.2.79.109(K)NMAC submitted on June 11, 2009,are consistent with the requirementsat 40 CFR 51.165(a)(9)(iii).The revisions to 20.2.79.109(K)NMAC submitted on June 11, 2009,are approvable.In the May 23, 2011 submittal, theNMED moved the language that wasoriginally adopted at 20.2.79.109(J)NMAC to 20.2.79.109(K) NMAC.This move is a non-substantive move,with an update of internal crossreferences, to the June 11, 2009language and is approvable.In the May 23, 2011, submittal thelanguage originally submitted on June11, 2009, at 20.2.79.109(K) NMAChas been moved in its entirety to20.2.79.109(L) NMAC. This move isapprovable.The revisions to 20.2.79.109(K)NMAC as updated through the May23, 2011 submittal are approvable.128Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal RequirementsExisting SIP does not contain thisprovision.L.The requirementsof 20.2.79.109NMAC applicable to majorstationary sources and majormodifications of PM10shall alsoapply to major stationarysources and major modificationsof PM10precursors except wherethe US. environmentalprotection agency administratordetermines that such sources donot contribute significantly toPM10levels that exceed thePM10ambient standards in thearea.L.Meeting the emissions offsetrequirements of 20.2.79.115NMAC for ozone nonattainmentareas that are subject to subpart1, part D, title I of the clean airact, including 8-hour ozonenonattainment areas subject to 40CFR 51.902(b), the ratio of totalactual emissions increase ofVOC shall be at least 1:1.The new revision to 20.2.79.109(L)NMAC submitted on June 11, 2009,is necessary to implement the NNSRpermitting requirements for Phase 2ozone.The new revisions to 20.2.79.109(L)NMAC submitted on June 11, 2009,are consistent with the requirementsat 40 CFR 51.165(a)(10).The revisions to 20.2.79.109(L)NMAC submitted on June 11, 2009,are approvable.In the May 23, 2011, submittal thelanguage originally submitted on June11, 2009, at 20.2.79.109(K) NMAChas been moved in its entirety to20.2.79.109(L) NMAC. This move isapprovable.In the May 23, 2011 submittal, theNMED moved the language that wasoriginally adopted at 20.2.79.109(L)NMAC to 20.2.79.109(M) NMAC.This move is a non-substantive moveand is approvable.The revisions to 20.2.79.109(L)NMAC as updated through the May23, 2011 submittal are approvable.Existing SIP does not contain thisprovision.The June 11, 2009 SIP submittal doesnot include 20.2.79.109(M).M.The requirementsof 20.2.79.109NMAC applicable to majorstationary sources and majorThe language at 20.2.79.109(L)NMAC that was submitted by theNMED on June 11, 2009, was moved129Existing NM SIPApproved by EPA on September 5,200772 FR 50879Revisions to 20.2.79.109 NMACSubmitted June 11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31,2009; Effective August 31, 2009Revisions to 20.2.79.109 NMACSubmitted May 23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3,2011; Effective June 3, 2011Analysis and Evaluation AgainstApplicable Federal Requirementsmodifications of PM10shall alsoapply to major stationary sourcesand major modifications of PM10precursors except where the US.environmental protection agencyadministrator determines thatsuch sources do not contributesignificantly to PM10levels thatexceed the PM10ambientstandards in the area.without change to new section20.2.79.109(M) NMAC in the May23, 2011 submittal.This revision is approvable.Existing SIP does not contain thisprovision.The June11, 2009 SIP revision doesnot contain this provision.N.In meeting the emissions offsetrequirements of 20.2.79.115NMAC, the emissions offsetsobtained shall be for the sameregulated NSR pollutant unlessinterprecursor offsetting ispermitted for a particularpollutant as specified in thisparagraph. The department mayallow the offset requirements in20.2.79.115 NMAC for directPM2.5 emissions or emissions ofprecursors of PM2.5to besatisfied by offsetting reductionsin direct PM2.5emissions oremissions of any PM2.5precursoridentified under Subsection AJof 20.2.79.7 NMAC if suchoffsets comply with theinterprecursor trading hierarchyand ratio established in theapproved plan for a particularnonattainment area.New section 20.2.79.109(N) NMACsubmitted on May 23, 2011, isnecessary to implement the PM2.5NNSR permitting requirementsfinalized on May 16, 2008.The new provisions at 20.2.79.109(N)NMAC are consistent with therequirements at 40 CFR51.165(a)(11).This revision is approvable.130Table III.D.3 – Evaluation of the June 11, 2009 Revisions to 20.2.79.115 NMACExisting NM SIPApproved by EPA on September 5, 200772 FR 50879Revisions to 20.2.79.115 NMAC Submitted June11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31, 2009; EffectiveAugust 31, 2009Analysis and Evaluation Against ApplicableFederal Requirements20.2.79.115 EMISSION OFFSETSAll emissionoffsets approved by the department shall meet thefollowing criteria.20.2.79.115 EMISSION OFFSETSAll emissionoffsets approved by the department shall meet thefollowing criteria.No changes submitted to the existing SIP-approvedregulations.B.All emission reductions claimed as offsetcredit shall be from decreases of the samepollutant for which the offset is required.NO CHANGE No changes submitted to the existing SIP-approvedregulations.C.All emission reductions claimed as offsetcredit shall occur prior to or concurrent withthe start of operation of the proposed source.In addition, past reductions must haveoccurred later than the date upon which thearea became nonattainment in order to becreditable.NO CHANGE No changes submitted to the existing SIP-approvedregulations.D.For the case where emission reductionsclaimed as offset credit occur at the sourcesubject to this part, such reductions shall be acondition required by afederally enforceablepermit. For the case where emissionreductions claimed as offset credit occur at aneighboring source, such reductions shall beincorporated as modifications to pertinentfederally enforceable permits held by theneighboring source. If the neighboring sourcehas no relevant permits, the reductions shall beapproved as a revision to the stateimplementation plan by the board.NO CHANGE No changes submitted to the existing SIP-approvedregulations.E.Offset credit for any emissions reduction canbe claimed only to the extent that thedepartment or U.S. EPA has not relied on it inpreviously issuing any permit or indemonstrating attainment or reasonable furtherprogress.NO CHANGE No changes submitted to the existing SIP-approvedregulations.131Existing NM SIPApproved by EPA on September 5, 200772 FR 50879Revisions to 20.2.79.115 NMAC Submitted June11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31, 2009; EffectiveAugust 31, 2009Analysis and Evaluation Against ApplicableFederal RequirementsF.No emissions reduction credit shall be allowedfor replacing one volatile organic compoundwith another of lesser reactivity, except asapproved by the U.S. EPA reactivity guidancefound at 42 Federal Register 35314, (1977),and any amendments thereto.NO CHANGE No changes submitted to the existing SIP-approvedregulations.G.Emission reduction credit may be allowed for asource permanently curtailing production oroperating hours below baseline levels providedthat the work force to be affected has beennotified of the curtailment.a.Emissions reductions achieved by shuttingdown an existing source or curtailingproduction or operating hours belowbaseline levels may be generally creditedif such reductions are permanent,quantifiable, and federally enforceable,and if the area has an EPA-approvedattainment plan. In addition, the shutdownor curtailment is creditable only if itoccurred on or after the date specified forthis purpose in the plan, and if such date ison or after the date of the most recentemissions inventory used in the plan'sdemonstration of attainment. Where theplan does not specify a cutoff date forshutdown credits, the date of the mostrecent emissions inventory or attainmentdemonstration, as the case may be, shallapply. However, in no event may creditbe given for shutdowns which occurredprior to August 7, 1977. For purposes ofthis paragraph, a permitting authority maychoose to consider a prior shutdown orcurtailment to have occurred after the dateF.Emission reduction credit may be allowed for asource permanently curtailing production oroperating hours below baseline levels providedthat the work force to be affected has beennotified of the curtailment.(1)Emissions reductions achieved by shuttingdown an existing sourceemission unitorcurtailing production or operating hoursbelow baseline levels may be generallycredited for offsetsif such reductions arepermanent, quantifiable, and federallyenforceable, and ifthe area has an EPAapproved attainment plan.In addition, theshutdown or curtailment is creditable onlyif it occurred on or after the date specifiedfor this purpose in the plan, and if suchdate is on orafter the date of the mostrecent emissions inventory used in thestate implementationplan's demonstrationof attainment. Where the plan does notspecify a cutoff date for shutdown credits,the date of the most recent emissionsinventory or attainmentdemonstration, asthe case may be, shall apply. However, inno event may credit be given forshutdowns which occurred prior to August7, 1977. For purposes of this paragraph, apermitting authority may choose toconsider a prior shutdown or curtailment toThe revisions submitted on June 11, 2009, to20.2.79.115(F) NMAC arenecessary to implementthe NNSR permitting requirements for Phase 2Ozone.The revisions to 20.2.79.115(F)(1) and (2) NMACare consistent with the requirements at 40 CFR51.165(a)(3)(ii)(C)(1) and (2).These revisions are approvable.132Existing NM SIPApproved by EPA on September 5, 200772 FR 50879Revisions to 20.2.79.115 NMAC Submitted June11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31, 2009; EffectiveAugust 31, 2009Analysis and Evaluation Against ApplicableFederal Requirementsof its most recent emissions inventory, ifthe inventory explicitly includes as currentexisting emissions the emissions fromsuch previously shutdown or curtailedsources.b.Such reductions maybe credited in theabsence of an approved attainmentdemonstration only if the shutdown orcurtailment occurred onor after the datethe new source permit application is filed,or, if the applicant can establish that theproposed new source is a replacement forthe shutdown or curtailed source, and thecutoff date provisions of Paragraph (1) areobserved.have occurred after the date of its mostrecent emissionsof the base yearinventory, if the projectedinventory,usedto develop the attainment demonstrationexplicitly includes as current existingemissionsthe emissions from suchpreviously shutdown or curtailed sourcesemission units.(2)Such reductions maybe credited in theabsence of an approved attainmentdemonstration only if the shutdown orcurtailment occurred onor after the datethe new source permit application is filed,or, if the applicant can establish that theproposed new sourceemission unitis areplacement for the shutdown or curtailedsourceemission unit, and the cutoff dateprovisions of Paragraph (1) of SubsectionF of 20.2.79.7 NMACare observed.G.Where the most stringent emissions limitwhich is applicable allows greater emissionsthan the potential to emit of the offsettingsource, emission offset credit will be allowedonly for control below the potential to emit ofthe source.NO CHANGE No changes submitted to the existing SIP-approvedregulations.H.The emission limit for determining emissionoffset credit involving an existing fuelcombustion source shall be the most stringentemission standard which is applicable for thissource for the type of fuel being burned at thetime the permit application is filed. If theexisting source commits to switch to a cleanerfuel, emission offset credit based on thedifference between the allowable emissions ofthe fuels involved shallbe acceptable only ifNO CHANGE No changes submitted to the existing SIP-approvedregulations.133Existing NM SIPApproved by EPA on September 5, 200772 FR 50879Revisions to 20.2.79.115 NMAC Submitted June11, 2009Adopted by the NMEnvironmentalImprovement Board on July 31, 2009; EffectiveAugust 31, 2009Analysis and Evaluation Against ApplicableFederal Requirementsan alternative control measure, which wouldachieve the same degree of emission reductionshould the source switch back to a fuel whichproduces more pollution, is specified in apermit issued by the department.I.The owner or operator desiring to utilize anemission reduction as anoffset shall submit tothe department the following information:(3)a detailed description of theprocess to be controlled and thecontrol technology to be used;and(4)emission calculations showingthe types and amounts of actualemissions to be reduced; and(5)the effective date of thereduction.NO CHANGE No changes submitted to the existing SIP-approvedregulations.J.Source shutdowns and curtailments inproduction or operating hours may be used foremission offset credit only if they occur afterAugust 7, 1977, or less than one year prior tothe date of permit application, whichever isearlier, and the proposed new source for whichthe offset is to apply is a replacement for theshutdown or curtailment.NO CHANGE No changes submitted to the existing SIP-approvedregulations.K.The total tonnage of increased emissions, intons per year, resulting from a majormodification that must be offset in accordancewith Section 173 of the federal Clean Air Actshall be determined by summing the differencebetween the allowable emissions after themodification and the actual emissions beforethe modification for each emissions unit.NO CHANGE No changes submitted to the existing SIP-approvedregulations.134Table III.D.4 – Evaluation of the May 23, 2011 Revisions to 20.2.79.119 NMACExisting NM SIPApproved by EPA on September 5, 200772 FR 50879Revisions to 20.2.79.119 NMAC Submitted May23, 2011Adopted by the NMEnvironmentalImprovement Board on May 3, 2011; EffectiveJune 3, 2011Analysis and Evaluation Against ApplicableFederal Requirements20.2.79.119 – Tables:20.2.79.119 – Tables:No changes submitted to the existing SIP-approvedregulations.A.Significant Ambient ConcentrationsConcentration in micrograms per cubic meter(g/m3) or milligrams per cubic meter (mg/m3)Pollutant AveragingTimeAnnual 24-hour8-hour 3-hour1-hourSulfurdioxide1.0g/m35.0g/m3-- 25g/m3--PM10 1.0g/m35.0g/m3-- -- --Nitrogendioxide1.0g/m3-- -- -- --CarbonMonoxide-- -- 0.5mg/m3-- 2mg/m3A.Significant Ambient ConcentrationsConcentration in micrograms per cubic meter(g/m3) or milligrams per cubic meter (mg/m3)Pollutant AveragingTimeAnnual 24-hour8-hour 3-hour1-hourSulfurdioxide1.0g/m35.0g/m3-- 25g/m3--PM101.0g/m35.0g/m3-- -- --PM2.50.3g/m31.2g/m3-- -- --Nitrogendioxide1.0g/m3-- -- -- --CarbonMonoxide-- -- 0.5mg/m3-- 2mg/m3The revisions to Table A – Significant AmbientConcentrations, at 20.2.79.119 NMAC, submittedon May 23, 2011 are necessary to implement thePM2.5permitting requirements from the October 20,2010 final rule.The revisions to Table A adopt and implement thesignificant impact levels for PM2.5in Class II andIII areas and are consistent with the requirements at40 CFR 51.165(b)(2).These revisions are approvable.

# 135 

# IV. Conclusion

The technical analysis provided in the preceding s ections has compared the applicable sections

of the CAA and 40 CFR Part 51 to the June 11, 2009, and May 23, 2011, proposed revisions to

the New Mexico SIP for PSD and NNSR permitting. This analysis found that the adoption of the

revisions to 20.2.74 and 20.2.79 NMAC submitted on June 11, 2009 and May 23, 2011, are

consistent with the CAA and 40 CFR Parts 51.165 and 51.166, as applicable. Further, the 2009

and 2011 SIP revisions are necessary to im plement the 1997 and 2008 8-hour ozone NAAQS

(NO X 

# as a precursor to ozone), the 1997 and 2006 PM 2.5 

# PSD and NNSR Permitting

requirements (as published in the May 16, 2008 and October 20, 2010 FRN), and the December

21, 2007 Reasonable Possibility in Recordkeeping Requirements. Th erefore, it is recommended

that a proposed approval of the following sections be published:

 20.2.74.7 NMAC

 20.2.74.300 NMAC

 20.2.74.306 NMAC

 20.2.74.403 NMAC

 20.2.74.502 NMAC

 20.2.74.503 NMAC

 20.2.74.504 NMAC

 20.2.74.505 NMAC

 20.2.79.7 NMAC

 20.2.79.109 NMAC

 20.2.79.115 NMAC

 20.2.79.119 NMAC

As noted in Section III.C, Table III.C.1 of this TSD, EPA has re quested remand with vacatur of

the provisions at 40 CFR 51.166(k)(2) and 52.21( k)(2) that were promulgated on October 20,

2010, and conflict with our intentio ns for the use of SILs to demonstrate compliance with CAA

section 163(a). EPA is severing from our action the revisions to 20.2.74.303(A) NMAC which

are equivalent to the provisions EPA has request ed the court to remand and vacate. Therefore,

20.2.74.303 NMAC as adopted by NMED on January 1, 2011, and SIP-approved by EPA on

July 20, 2011, remains the SIP-approved section. Th e NMED continues to re tain the ability to

implement the PM 2.5 

# SILs consistent with EPA’s inte rpretation of CAA section 163(a) at

20.2.79.119 NMAC. Further, the revisions to 20.2.74.303(A) NMAC submitted on May 23,

2011, will remain before EPA for review. EPA wi ll revisit these provisions after the court

addresses EPA’s request for remand with vacatur or EPA initiates rulema king to revise 40 CFR

51.166(k)(2).